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  1. #1
    Join Date
    Sep 2012
    Location
    Port Wentworth, Georgia, United States
    Posts
    3

    Angry Title Loan Company Would Not Take Payment Over Phone and They Repossessed

    My question involves an auto loan or repossession in the State of: Alabama/Georgia

    I stupidly took out a title pawn on my vehicle on 7/28/2012 with TitleMax in a small Central Alabama town, making my first payment due on 8/27/2012. I relocated to Georgia on 8/3/2012. On 8/17/2012, I called TitleMax to make my payment. They refused to accept my payment stating that all payments had to be made in person so that a new pawn ticket could be issued. They informed me that my only means of payment were now through a limited power of attorney granted to an acquaintance that could make the face-to-face payment. I consulted a lawyer who (after a good thrashing about the title loan), told me that a limited power of attorney was too risky and that TitleMax had to take payment when offered, regardless of the means. TitleMax sent a repo crew over this evening and they have taken my vehicle. they say I can get the vehicle back as soon as I make the payment. Am I supposed to fly to Alabama and make the payment there? Have they violated any laws by repossessing my vehicle across state lines? What are my options for making payments? I've read through the Alabama Pawnshop Act Code as well as there pawn ticket and there is no mention of a personal visit to make payment. What should I do?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    14,009

    Default Re: Titlemax Won't Accept Payment Over Phone and They Repossessed

    Follow the contract you have with Titlemax.
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,746

    Default Re: Title Loan Company Would Not Take Payment Over Phone and They Repossessed

    Your contract says what about where and how payments are to be made?
    Quote Quoting David Mednick
    View Post
    I relocated to Georgia on 8/3/2012. On 8/17/2012,...
    Your contract says what about your obligations in the event that you relocate or remove the vehicle to another state?
    Quote Quoting David Mednick
    I called TitleMax to make my payment. They refused to accept my payment stating that all payments had to be made in person so that a new pawn ticket could be issued.
    They appear to be taking the position that you breached your contract. So again, what does your contract say about relocation?
    Quote Quoting David Mednick
    They informed me that my only means of payment were now through a limited power of attorney granted to an acquaintance that could make the face-to-face payment.
    So that... this person would be authorized to sign the new contract on your behalf?
    Quote Quoting David Mednick
    I consulted a lawyer who (after a good thrashing about the title loan), told me that a limited power of attorney was too risky...
    So this would mean that the POA would have granted more power than "I authorize this person to hand you a check on my behalf" - so exactly what was it they wanted this person to be able to do?
    Quote Quoting David Mednick
    ....and that TitleMax had to take payment when offered, regardless of the means.
    If your lawyer read your contract and analyzed your rights under the laws of Alabama, that's better than we can do - we have no access to your contract.
    Quote Quoting David Mednick
    TitleMax sent a repo crew over this evening and they have taken my vehicle. they say I can get the vehicle back as soon as I make the payment. Am I supposed to fly to Alabama and make the payment there?
    You told us that they want you, or an authorized agent, to make the payment at their office. That's all the information you have given us, so it's all we have. You can discuss your options with your lawyer, or you can call the title loan company and ask.
    Quote Quoting David Mednick
    Have they violated any laws by repossessing my vehicle across state lines?
    Moving to another state is not a "get out of loan free" card. Beyond the possible 'breach of contract' issues you need to discuss with your lawyer, you have given us no information that suggests that this was an improper repossession.

  4. #4
    Join Date
    Sep 2012
    Location
    Port Wentworth, Georgia, United States
    Posts
    3

    Default Re: Title Loan Company Would Not Take Payment Over Phone and They Repossessed

    Your contract says what about where and how payments are to be made?
    Nothing. I have read it four times AND read the Alabama Pawnshop Code just as many, neither of which say anything about this. They claim it is AL law that a pawn can only be paid in-person because it requires a signature.
    Your contract says what about your obligations in the event that you relocate or remove the vehicle to another state?
    Again, nothing. I have spoken to a TitleMax manager here in GA. He assures me that I should have been allowed to pay via Western Union or Money Order. He also says that this is NOT how TitleMax does business and that the owner/operators of this Prattville, AL store should be ashamed of themselves, that they are an embarrassment to the entire organization.
    So that... this person would be authorized to sign the new contract on your behalf?
    Yes, and to be authorized to make payment through signature on the debit card on my behalf.
    If your lawyer read your contract and analyzed your rights under the laws of Alabama, that's better than we can do - we have no access to your contract.
    I would be glad to scan the entire thing and post it, if this is allowed.
    You told us that they want you, or an authorized agent, to make the payment at their office. That's all the information you have given us, so it's all we have. You can discuss your options with your lawyer, or you can call the title loan company and ask.
    I contacted the TitleMax in AL. They now want the entire loan amount + interest + late fees + repossession fees + storage fees (1800+). All this after trying to pay them ten days early and explaining to them that I have no one in the area that I can grant POA to. Tell me this doesn't smell of ripoff, bad business practices and the desire to feed off of those less fortunate? They claim that I never contacted them, that they were forced to "chase" me and that I am intentionally defaulting on the loan.
    Moving to another state is not a "get out of loan free" card.
    Nor did I expect it to be. I expected that they would allow me to make payments regardless of where I lived, since I was not informed otherwise. I expected that would have welcomed my attempt to make payment ten days early rather than flip the switch to hang me out to dry.

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