Illegal car reposession

[Hudson_Hawk]

Hi All,
I''m actually a regular poster, but considering the topic I feel the need to go incognito on this post. I''m looking for some guidance, not advice and any information is appreciated.

On Monday morning my boyfriend awoke at 4:30am to a reposession agency taking posession of the Jeep that he purchased 3 months ago. According to the company that reposessed the truck, it was for lack of payment; however, he has made payments each month since purchasing the car in March ''07. After showing the men proof of his payment (online bill pay through Bank of America) they admitted that it must be a clerical error but still had to take the truck.

They provided the contact information for the person handling the case at Sovereign Bank (lein holder) and suggested that we call first thing after the holiday weekend. My boyfriend called at 9:00 am on Tuesday May 29th. Since then he has called SB at least 50 times throughout 3 days and has not been placed in contact with the person handling the account.
From the research we''ve done online it appears we only have 10 days to get in contact with the reposessor or the reposession sticks. We have not received any calls back nor have we been patched through to anyone who can help us straighten this out at Sovereign Bank. We don''t know what to do. We made the payments and just want the chance to find out where the error happened. We''re not necessarily looking to sue, however we feel like SB is scamming us by avoiding out attempts to contact them and rectify the situation. We had no warning or notification. Not even a phone call to enquire about the status of the account (if there was something wrong). We feel like they''re holding out for the 10 days so they can reneg on the financing. Can anyone please help us? We don''t even know what kind of lawyer to contact due to the fact that we are not in financial trouble and are not looking to file bankruptcy. This is affecting both our personal and professional lives as well as his credit.

We don''t know how or why this is happening. If it was a mistake, why wouldn''t they want to get in touch with us? We have had NO contact with anyone regarding this matter since Monday morning. Not even a certified letter confirming that the car was reposessed. Even if it''s not a mistake and we did something wrong (which we didn''t), aren''t they supposed to let us know what''s going on? I know car reposession is shady business but what can we do? We''ve been thrown into the thick of it and what''s sick is that the most honest (other than us) and helpful party involved has been the repo company! I heard that they were glorified criminals!
We just want answers.

Thanks in advance.

 

[diamondseeker2006]

It almost sounds like the car was stolen. I'd call until I got the president of the bank. I don't care if the account person is there or not. Go above them. If the bank is local, go there and sit until someone sees you (him).

Also send a certified letter stating what happened and enclose verification of the payments. They'll have to sign for the letter proving you contacted them within 10 days.

I am so sorry!

 

[neatfreak]

Date: 5/31/2007 8:08:29 PM
Author: diamondseeker2006
It almost sounds like the car was stolen. I'd call until I got the president of the bank. I don't care if the account person is there or not. Go above them. If the bank is local, go there and sit until someone sees you (him).


Also send a certified letter stating what happened and enclose verification of the payments. They'll have to sign for the letter proving you contacted them within 10 days.


I am so sorry!

Agree with this totally. Make sure you send multiple copies of the certified letter. One to the president of the bank, one to the loan officer who handled the loan, and one to the PR department of the bank.

I would call a bankruptcy lawyer anyway if you can find a not-shady one, since they might be able to at least tell you who to contact.

BTW: Your post didn't post anonymously.

 

[neatfreak]

Here''s a link to some information from the Federal Trade Commission on repos:

http://www.ftc.gov/bcp/conline/pubs/autos/carrepo.shtm

Unfortunately it looks like in some states they can repo your car without notifying you.

 

[Hudson_Hawk]

I know it''s insane. Part of me figures they don''t want to talk to us because we''re irate and they probably have people calling all the time begging for their car back...people who really didn''t pay. But we did! That''s what''s the frustrating part. They even have an auto loan returned payment fee listed as a general fee on their website but we weren''t even hit with that! I mean I know lenders have the right to repo if you''re even just late with a payment but it seems like they have systems in place to work with(or at least charge people) for payment problems. This seems so drastic. I could see if we hadn''t made a payment at ALL in the 3 months but to my knowedge we weren''t even late.

Part of the problem with getting in contact with them is that the only number available is the 800 number which patches us through to voicemail boxes. The customer service reps are rude and no one will tell us names of the higher ups. Believe me, my bf is about to go hold a sit-in in the local branch.

Nice I just noticed that this went under my normal name, not the one I made up. DARN IT!!! That''s embarassing.

 

[Kaleigh]

Going to your local branch is key. They''ll work it out for you. These things are so frustrating aren''t they?? Good luck and let us know how it all turns out.

 

[neatfreak]

If there is a local branch GO THERE ASAP! Bring all the paperwork that shows that the payments were made, especially if it shows on his online statement or regular statement. I''m sure once you actually show proof they''ll help you.

 

[Finding_Neverland]

In addition to sending the letter with accompanying documentation,............. I''d go to the Bank in person. Ask to speak to a Lending Officer. Take your payments printouts with you. Explain what''s happened and see what help the Lending Officer can provide.

Maybe pick the "Main" Bank branch and go there. Your chances of the Lending Officer getting a Bank Officer involved are greater. I know our Bank here in town, the main branch is "home office" to at least one VP for our area. Maybe if you can get a higher up involved, you''ll see some resolution to the situation.

Another person I''d suggest calling is your insurance agent. They very often know all the local people who tow, perform body work, and such. Chances are, your insurance agent may also know the usual suspects who do repo''s and know exactly what you need to do to resolve this situation.

Hopefully, BF was able to get his personal effects out of the truck. The longer this drags on, the less and less chances are that your BF will see his personal belongings again. CD''s, clothes, and such left in repo''d cars tends to "disappear" and no one seems to know what happened to people''s things.

 

[Beacon]

This story makes very little sense. Something is wrong somewhere. Based on what you are saying I would already have a lawyer and have a demand letter in to the bank.

Has your BF run his credit to see if they are marking him 90 days late? Has the bank duly received the electronic payments you made?

Personally I would not have allowed the repo guy to take the car. I would have called the police then and there and filed a report and shown the payment proofs and demanded an audience with a judge to stay the repossession.

Dig a little deeper as to where your payments have gone. Credited to a wrong account? Error in account number? Bounced back? Carefully review your documents.

Ask the bank that made the payments, meaning your BFs bank where he does business, to trace where those payments went and who received them.

Moreover, who was this repo company? Where they really authorized to take your car? Did they present you with bonafide proof they were hired by your lender?

 

[diamondsrock]

I agree with going to your local branch and not leaving until you speak to someone. What you are going through is absolutely ridiculous! I am so sorry for all the stress this has caused. Are you sure the repo company was legit? I too am hoping the car wasn''t stolen.

 

[Hudson_Hawk]

Those are all great ideas, he''d be really pissed to know I did this but I know there are some legal eagles on here so I figured I''d ask.

Oh, he got most of the stuff out of the car except my ipod, car/house keys, cell phone chargers, our Sirius radio, my denim jacket, and who knows what else...his mind was fuzzy at 4:30 am.

 

[Hudson_Hawk]

The problem is that we can''t get in touch with anyone at the bank to find out what''s on their records. He called to speak to customer service but because the car is in "repo" stage they can''t give any info. But the loan guy can.

What''s especially crazy is that when the repo dude saw the payments and confirmed that they were made, he said that stuff like this has happened before with SB.

Do you think we could go to any branch or does it need to be the one in our town? We work an hour away and we can''t take the day off. We can however go to a SB in Boston.

 

[Hudson_Hawk]

And yes with the exception of running his credit report we have examined the statements etc and we''re up to date.

 

[Beacon]

You mean you actually have statements back from Sovereign showing that they have received all of your payments? Holy crap - that''s amazing. It''s an illegal taking for sure in that case and personally I''d get a lawyer.

Do they have a "workout" department? This where defaulted loans get dealt with but those are usually real estate. Did they sell your car loan to a third party or are they still owning the loan. Sometimes it is hard to tell from the paper work as they can retain the servicing and sell the body of the loan.

If they sold it there could have been some error created there.

 

[icemyster]

That does sound terrible....you want to get a hold of the Asset Manager for their deliquent Auto Loan Portfolio. These people are usually overworked and underpaid, and not always easy to get a hold of. That is the person who is going to know what is going on, becuase that is the person who will have assigned your file to the repo agency.

You might want to try by calling the number for auto loans on the bank''s website, and then explain your situation. Let them know that you have proof that you were current, and that you are willing to work with them to get the account into current status. Try to get to that Asset Manager. You might even have to go through the collections department. It take amazing persistance to get through...You are correct about the 10 day rule, and there are some states that don''t require notice. Stay on them...you should be able to get somewhere if you make yourself annoying enough.

Worst case...have your laywer send them a letter or make a phone call, but persistance should get you where you need to be.

Good luck...I wish the best for you.

 

[RockDoc]

Talking to the bank is good, but I would suggest some other avenues to explore.


In most states, before a car is repossessed, the licensed reposession company need to make a report to the local police district that they are in fact reposessing the car rather than stealing it. There should be a reconrd of this at you local police precinct.
If they didn''t not make the report ( if your state, county or city rules madate it) then you might want to consider filing a criminal complaint against whomever the police or the local city or state attorney suggests.

Secondly, find out what department in your state oversees banking practices. Could be the "dept of banking" or could be called something else.

Then check with your state''s licensing department to make sure that the reposssessor is actually licensed and it current. Most states have some pretty stringent statute and case law concerning repossession of property ( it''s also called replievin ).

As far as mailing get a "proof of mailing" and send it. Send another certified as well. The idea here is to prove they received the letter. If they don''t sign because the refused it, you''re no where, but the proof of mailing shows that you made every effort.

Maybe even consider bringing extra copies of the letter to the bank in person when you talk to whomever you are able to access.

If they don''t give you the car back - consider going to the media, as well as an attorney. See the consumer investigative reporter at either the newspaper or TV ( tv of course is better).

Keep written notes of who you speak with and the content of the conversation. It is also prudent to take someone else who would be an independent witness in the event you need some "back up".



Hope this helps.

 

[crown1]

my biggest concern is that it was actually stolen and not reposessed. i would check out the repro company and report the jeep as stolen. i don''t care how nice they were if you proved to them that you had made the payments i don''t know how it could be lawful for them to take the vehicle. jmho i hope this is resolved quickly and don''t be embarassed if you have made the payments you did nothing wrong.

 

[strmrdr]

hmmm too late now but in 13 states you can shot repo-men if they are on your property.
Good luck it can be real pita dealing with those pukes.

 

[partgypsy]

That''s insane! You and your fiance are being too nice. In addition to all other other good advice you have been given (sit in at the bank, ask to see bank president, certified letter) Seriously I would get a lawyer, prorated, to make some calls and write a letter.

 

[RockDoc]

I had another thought, sitting here pondering your situation.


It would be a prudent idea, to see if the bank reported the delinquency inaccurately, and untruthfully with the three major credit bureaus.

If your fiance hasn''t gotten his yearly credit report - he is entitled to a free copy from each othe major bureaus. Trans Union/ Experian and Equifax.

The Fair Credit Reporting Act ( Federal statute law) has a lot of benefits for consumers within it, including damages against those who post inaccurate account data to the credit bureau, if they aren''t corrected within 30days of him disputing it. In that most banks use computers to do this, it is very possible that they''ve posted negative information, on your credit report(s).

Handling all the details of this will seem insurrmountable, I''m sure, but best to follow up with all the actions you''re entitled to.

If the bank continues to not respond - I would think any expenses you have to endure such as lost work or earnings, car rental, cab fare etc. is actionable.

If you do talk to an attorney, find out if he feels you might be entitled to punitive damages, as well a consequencial ones.

If you can establish and prove you made the payments on time and they still repossesed the car, I would think the bank would be very embarrassed, and with a significant assertive position on your part might result in them even releasing you from the debt.

Rockdoc

 

[RockDoc]

Date: 5/31/2007 9:55:09 PM
Author: crown1
my biggest concern is that it was actually stolen and not reposessed. i would check out the repro company and report the jeep as stolen. i don''t care how nice they were if you proved to them that you had made the payments i don''t know how it could be lawful for them to take the vehicle. jmho i hope this is resolved quickly and don''t be embarassed if you have made the payments you did nothing wrong.

Hi Crown1

I''d really be hesitant to advise making a stolen car report. If this is done it takes it away from a civil case, and makes it criminal.

In that he has been informed that the car was repossessed, reporting it stolen after the fact, would be risky. The repo company takes their direction from the bank. If the bank ordered this action, then the reposessor, hasn''t committed a crime.
Lodging a criminal complaint, has it''s liabilities, if the defendant is falsely accused.

This would be different if the reposessor wasn''t currently licensed, or didn''t follow whatever legal procedures in that jurisdiction. But if they are licensed, and did follow the correct procedures, then accusing them without totally SOLID facts, could get Hawk''s fiance sued, or possibly charged criminally, as well as civilly.

I''d suggest not taking such action without legal advice from a professional who is aware of the legal procedures.

Banks are pretty careful about when they issue reposession orders. So best to find out the basis of why they took such an action before doing anything that might backfire.

Sorry to disagree with you.

Rockdoc

 

[crown1]

hi rockdoc! no problem disagreeing with me. i am not sure we disagree. my thought is that the car may not have been repossesed. hudson hawk says it was 4:30 am and that her so was not really awake and on top of it to remove their things. i suggested they check out the repo company because who knows if it is really a ligit company and not a scam to steal vehicles. the bank will not take their calls and who knows why that is. if the repo company is legit and has the proper paperwork of course it should not be reported stolen but if they don't it may in fact be stolen.

after going to the bank and confirming that the bank has ordered reposession then i would think that getting an attorney and pursing the correct legal channels to get the car back would be the way to go. i do think the goal here is to find out if the jeep was reposessed as the result of an error or stolen by someone posing as a repo company. getting the jeep back is number one priority not seeking damages or getting debt forgiven.

if the bank is in error some deep apologies are in order and corrections need to be made to their reposession policy. what hh and her so do as far as seeking monetary damages is up to them but that is secondary to getting the situation corrected. i don't disagree that they do not want to file charges that it was stolen unless it was. not knowing the facts i am not sure it was not.

eta: i did not read carefully enough. i went back and found hudson actually said the bank can not discuss it as it is in reposession. that would void my thoughts. i am sorry for commenting and muddying the water. i am hoping the best for you hudson hawk.

 

[Efe]

As I understand it, your car has been gone since Monday morning with no response from the bank!! I wouldn''t mess with the local branch or any other bank department except that I would immediately contact the General Counsel''s office of Sovereign. You can get the name of the GC and the President, usually off of the investor relations website. I would ask for the GC''s secretary, explain your situation, and get a direct fax number for the GC. I would then write a short letter detailing the facts and fax it to the GC. I recently had a situation with my local electric company in that they sent me a bill with a 300% increase in our usage. I made 5 phone calls and spent alot of time with no results. I contacted the GC''s office and within 5 minutes of faxing my letter, received a return phone call with an apology and an immediate credit. I can image how furious you are, ''cause this makes me mad as hell for you. Let us know how this gets resolved. Good luck.

 

[Hudson_Hawk]

Goodness, so much to respond to...Where to begin?

First, thank you all SO much for your kind words, support, and guidance. This has been an extremely trying week for us. I just heard from TJ and we have good news. Somehow through sweet talking he was able to get in touch with the President of Sovereign Bank''s secretary. He explained the situation, told her the story and she immediately patched him through to the President. The President checked on the account (which showed current payments) and was appalled when he heard what we had been going through. They''re going to release the car today as soon as we show proof of current insurance.

What a relief, I''m shaking right now.

We plan on refinancing or transferring our financing to a different bank as soon as possible. We''re also going to ask for a letter from the bank stating that the problem was on their end and has been rectified just in case it shows up on his credit reoprt (which we monitor regularly anyway).

Once again, thank you all so much

Hudson Hawk

 

[jcrow]

oh, such good news

 

[RockDoc]

Hi HH

Glad to hear things are going to be corrected amicably.

Best wishes in this.

Rockdoc

 

[Efe]

I am so glad this got resolved. I love dealing with secretaries because they can get anything done.

 

[crown1]

great news! i am sooo happy you don''t have to worry about this any more.

 

[marvel]

Date: 6/1/2007 10:12:53 AM
Author: Hudson_Hawk
Goodness, so much to respond to...Where to begin?

First, thank you all SO much for your kind words, support, and guidance. This has been an extremely trying week for us. I just heard from TJ and we have good news. Somehow through sweet talking he was able to get in touch with the President of Sovereign Bank''s secretary. He explained the situation, told her the story and she immediately patched him through to the President. The President checked on the account (which showed current payments) and was appalled when he heard what we had been going through. They''re going to release the car today as soon as we show proof of current insurance.

What a relief, I''m shaking right now.

We plan on refinancing or transferring our financing to a different bank as soon as possible. We''re also going to ask for a letter from the bank stating that the problem was on their end and has been rectified just in case it shows up on his credit reoprt (which we monitor regularly anyway).

Once again, thank you all so much

Hudson Hawk

GOOD!!! I''m glad everything finally worked out, but you should have never had to go through all this trouble with this bank.

 

[diamondseeker2006]

Thank goodness! They do owe you a VERY big apology as well as some kind of compensation for not having the car for a week, I think.