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  1. #1
    Join Date
    Jan 2011
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    2

    Default Repo of a Car Without Notice

    My question involves an auto loan or repossession in the State of: South Carolina. I went to work on YESTERDAY and was told that my car was being repoed from my home. When I got there the driver was leaving and tricked me to give him my keys. I am only due for this month on my payments and the lender told the repo company that I was giving up the car but thast was not so. The repo man asked for the keys to straighten up the wheels and would not give back. He said once the keys was in his hands I could not get them back.I did not tell anyone to come and pick up my car. The lender said they did not have proof of my payment, but I faxed them a copy of the bank statement showing where the draft the payment. Yes it was late but never more than 30 days late. How can I get my car back?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Repo of a Car Without Notice

    Contact your lender and find out if you can reinstate your loan by paying the amount you presently owe, which will now include the repo fees. From what I have seen so far, your state does not give you any legal right to have your loan reinstated after repossession, but your lender may choose to allow for reinstatement.

    Once you breach your contract by failing to make a timely payment on the car, the lender does not have to tell you that the repo man is on his way, let alone get your permission to repossess your car.

    Explain your statement, "bank statement showing where the draft the payment", and the time frame better. If you're using an online "bill pay" through your bank, you're often explicitly warned by your bank that it can take five business days for the payment to arrive. If you're talking about a day you withdrew money to get a money order, that doesn't document when the payment was either mailed or received. When you investigated your payment, had it in fact been received and deposited by the lender? On what date relative to the repo?

  3. #3
    Join Date
    Jan 2011
    Posts
    2

    Default Re: Repo of a Car Without Notice

    The draft was all current and when I contact the lender they knew they made the mistake and was applying my payments to the wrong account. I have the name of the person that made the transaction by the lender and the account that they were applying my payments to. Now they want to return my car to me. Do I have legal rights to sue them for me not having tranportation to get back and forth to work and the frustration I had to go through to get this matter taken care of?

    The payments were up to date by my bank statements and they were drafted before the due date. This is the only month that my payment was not drafted on the day it was suppose to be. It was just only 5 days past the date of the draft and the payment is due on the 21.

  4. #4
    Join Date
    Jan 2010
    Location
    North East
    Posts
    1,980

    Default Re: Repo of a Car Without Notice

    No you cannot sue because you couldn't get to work.

    The bank should take care of all the charges from the repossession company.

  5. #5
    Join Date
    Mar 2011
    Posts
    1

    Default Re: Repo of a Car Without Notice

    Yes you can SUE, SUE, SUE. It was ther fault that they applied your payment to someones elses account. I live in SC and recently had my car repo'ed also. I completed major search and found out that consumers do have rights in these situations. You should go on the SC Bar Association and get a Lawyer referral that specialist in these type of issues.....Thats what I did. Let me know how it goes. By the way I met someone this happened to and they were over 60 days late to ford motor company but paid the day before the car was repo'ed and won a major lawsuit that allowed her to purchase to cars for pain and suffering/ being embarrased. Again GOOD LUCK!!!!!

  6. #6
    Join Date
    May 2008
    Posts
    111

    Default Re: Repo of a Car Without Notice

    Ok, first off it does not matter if you were never more than 30 days late. I also live in SC and have worked at a finance company and a title loan company. If you are late, they send out a right to cure on the 11th day. It does NOT matter if you are only 1 day late again, they can legally pick the car up. They will then send a 10 day letter which basically tells you if you do not pay off the loan as well as the repo fees they can and most likely WILL sell your car at auction. It is also NOT the responsibility of the finance company to make sure your payment gets there on time. We kept some people's cc info on file however, we NEVER ran a card without first contacting the customer and would not run it until contact was made to ensure that there was enough in their account and would not be hit with dozens of overdraft fees. Also, if they were drafting your account automatically, why did you not ask for a receipt? Most people do like those to keep for their records.

  7. #7
    Join Date
    Sep 2005
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    Posts
    75,004

    Default Re: Repo of a Car Without Notice

    pistedoff42's second post indicates that the bank admitted that it made an error, applying his payment to the wrong account, and was thus returning the car. The question of whether his lateness would justify a repo is thus not relevant to his situation. I'll grant, if he keeps making late payments the bank is may well repo on that basis - but that's not what happened this time around.

    Without knowing how and why the error occurred I'm not going to jump on a "sue, sue, sue" bandwagon. Even assuming liability, the question of damages would make a lawsuit problematic. The original post and the bank's reported concession of their error were made on the same day - there's not much value in the loss of use of a vehicle for a day or two, and any serious damage can be mitigated, for example, by renting or borrowing a car.

  8. #8
    Join Date
    May 2008
    Posts
    111

    Default Re: Repo of a Car Without Notice

    Quote Quoting pistedoff42
    View Post
    My question involves an auto loan or repossession in the State of: South Carolina. I went to work on YESTERDAY and was told that my car was being repoed from my home. When I got there the driver was leaving and tricked me to give him my keys. I am only due for this month on my payments and the lender told the repo company that I was giving up the car but thast was not so. The repo man asked for the keys to straighten up the wheels and would not give back. He said once the keys was in his hands I could not get them back.I did not tell anyone to come and pick up my car. The lender said they did not have proof of my payment, but I faxed them a copy of the bank statement showing where the draft the payment. Yes it was late but never more than 30 days late. How can I get my car back?
    The OP clearly states he was late and had been late in making his payments which clearly violates the contract. He clearly contradicts himself by saying that his drafts were current. How can they be late if they are current? After the RTC is sent out which it would have been by the 11th day you were past due, you can be just a day late and they can legally pick up your car. So did you make your payments late or on time?

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