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| Auto Loans and Repossession Creditor actions following late payment or default on motor vehicle loans. |
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07-23-2006, 04:55 AM
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Junior Member
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Join Date: Jul 2006
Posts: 4
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Illegal Repossession
I have no lien on my car. I owe NO ONE any late payments. I have my title with me. However my car was taken from my driveway. I reported it stolen. But when police received a call that it was being repossessed they stopped report. i was told to call my creditor and was supplied 2 numbers . One of the numbers as a disconnected phone line and the other was a private cell phone for someone a thousand miles away. My car was paid off in august of 2000. the only thing the repo company has is a note faxed from staples office supply asking them to pick up my car immediately. they were supplied a map of my neighborhood and vin number. Police will still take no action although I know who sent phony repo fax. Can my car really be taken at any time with no paperwork or verification because someone is angry with me??
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07-23-2006, 09:26 AM
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Senior Member
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Join Date: Sep 2005
Location: California
Posts: 32,475
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Re: Illegal Repossession
Why was the bank able to give you phone numbers relating to the repossession if they had nothing to do with it? Why haven't you arranged through them to recover the car?
Why haven't you take any legal action against the person responsible for the repossession?
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07-23-2006, 11:03 AM
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Junior Member
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Join Date: Jul 2006
Posts: 4
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Re: Illegal Repossession
There was no bank involved. Bank did not give police or me phone numbers to call. the guy who towed car supplied them to both me and police. later this same towing company that supplied numbers confirmed what i was saying all morning to the police. that the numbers are bogus. The towing company delivered my car back the same morning they took it. This farther shows that there was no good reason for taking car. I've been to police depatment three times wanting an investigation for why my car was taken without good cause. why they took it without proper paper work and trying to expalin that this was fraud and harrassment. They keep seeing the repo note and saying to me I probably did some type of pawn loan or something.
finally the reason I made this post was to find out what action can I take. the state Attorneys office told me that without police report they will not get involved. Police won't do police report becasue they say it was repossessed.
Now how many guys repo a car and return it the same day admitting there is no creditor.
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07-23-2006, 11:52 AM
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Senior Member
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Join Date: Sep 2005
Location: California
Posts: 32,475
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Re: Illegal Repossession
Is there only one police agency where you live? Around here we have local police, the county sheriff, and the state police, and if one won't take a report we can go to another. Besides, if you know who it is, you can sue that person yourself.
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07-23-2006, 12:31 PM
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Banned
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Join Date: Jun 2006
Location: Practicing in Los Angeles, California
Posts: 411
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Re: Illegal Repossession
Quoting ayannaluv
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I have no lien on my car. I owe NO ONE any late payments. I have my title with me. However my car was taken from my driveway. I reported it stolen. But when police received a call that it was being repossessed they stopped report. i was told to call my creditor and was supplied 2 numbers . One of the numbers as a disconnected phone line and the other was a private cell phone for someone a thousand miles away. My car was paid off in august of 2000. the only thing the repo company has is a note faxed from staples office supply asking them to pick up my car immediately. they were supplied a map of my neighborhood and vin number. Police will still take no action although I know who sent phony repo fax. Can my car really be taken at any time with no paperwork or verification because someone is angry with me??
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My response:
Do you have a copy of the fax? It would be exceedingly helpful for our responses to you if you would write the information from that fax, verbatim, so that we would better understand what went on.
For example, we don't know if you have an outstanding judgment from years ago that "staples office supply" had won, and is now attempting to levy upon.
So, write out the fax order for repossession, leaving out all proper nouns, but including all case numbers if there is one.
IAAL
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07-23-2006, 12:44 PM
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Senior Member
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Join Date: Sep 2005
Location: California
Posts: 32,475
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Re: Illegal Repossession
I think the claim is that the fax was sent from Staples which, for a fee, will let anybody send a fax.
What is more interesting is why a repo man would take the fax seriously - they expect to be paid, after all, and need sufficient information about the car to believe that they are being contacted by a genuine lienholder. A radnom fax wouldn't be convincing so I'm with you - it would be helpul to know what the fax actually said.
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07-23-2006, 04:22 PM
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Banned
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Join Date: Jun 2006
Location: Practicing in Los Angeles, California
Posts: 411
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Re: Illegal Repossession
My response:
Mr. Knowitall, notice that our writer hasn't responded. I guess the issue wasn't all that important . . .
IAAL
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07-23-2006, 09:53 PM
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Junior Member
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Join Date: Jul 2006
Posts: 4
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Re: Illegal Repossession
There is only a sherriffs station. No local police.
I ahve no judgement from Staples Office Supplies or anyone else.
I was stating that the fax originated from there store rather than a place of Business such as a car dealership or bank.
the Fax Reads:
Peach State Pre-Owned Cars
(912)510-0060 ( a disconnected number)
(214)555-2300 ( Private cell phone)
Please pick up car immediately. I was able to get in it yesterday but key wouldn't work.
John Doe ( my husband's Name)
Our address
Description of Car
vin #
This is a repeat customer. will fight for car.
End of fax
there was also a map of my neighborhood in upper right hand corner.
I have never, I repeat NEVER bought a car from a company with a name even close to this. My car was paid off in 8/2000. I have never used the title to gain a loan after that date. I have title in my possession. The company who did the repo admits that there is no such company as Peach State. They returned my car the same morning they took it. this is the same response i get fromt he police over and over again asking or suggesting I have some debt i owe to a creditor in which I used car title. Again i say, I was the victim of a vendetta. This was fraud. All becasue I would not give the security deposit back to a guy who broke his lease on one of my properties. He owns a towing company. he knew how to fake this repo sending me a message of intimidation while throwing the police off the case. it has worked most effectively and I'm sure he'll do it again. So I guess I'll have to get accustomed to staying up all night to see who takes my car this time.
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07-23-2006, 10:36 PM
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Banned
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Join Date: Jun 2006
Location: Practicing in Los Angeles, California
Posts: 411
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Re: Illegal Repossession
My response:
The towing company had a legal duty to confirm the fax, and all of it's information, before taking action. They wrongfully converted your property to their possession, custody and control - - despite the fact that they returned your car.
Sue them in Small Claims Court, and they'll think twice the next time.
IAAL
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07-24-2006, 06:48 AM
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Junior Member
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Join Date: Jul 2006
Posts: 4
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Re: Illegal Repossession
So I can sue in small claims court for punitive damages?
Also, My major concern is preventing this from happeneing in the future. What action can I take to get the police to investigate for fraud at the very least. I tried calling attorneys in the area but everyone said they weren't interested. All I need is for someone to supeona the tape from staples and see who sent the bogus fax.
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