What Happens After a Refusal To Allow Repo of a Car, in Illinois

wytchh · #1 11-09-2007, 11:44 AM

I have had my car since nov of 01, it was put in the chapter 13 bankruptcy in 03. I made payments untill this summer and bankruptcy was dismissed. Was contacted on the 6th of this month. They want immediate payment of 11,000 or repo of the car. I can't make payment, they wanted car right away and I asked for 7 days to secure another car, they refused. 2 men showed up on the nite of the 7th to repo car and I refused to surrender. I called ford credit to say they can pick up car on the 15th and cannot get straight answer on what happens next. They said something about charging it off as bad debt, their would be no title to car, it would go to a higher recovery service or there would be legal proceedings. How do I get a answer to what they are going to do. I don't want to replace the car if they are not picking it up. Am very strapped for cash and survive paycheck to paycheck. I will have to go to a buy here pay here lot to get a car and then have to get part time job on top of the full time I already have to pay for it. What the heck should I do?

wytchh · #2 11-10-2007, 02:04 PM

A little more info on the situation. I think part of the original loan on the car is unsecured because of a loan I already had on the car I traded in. On the chapter 13 it lists part of the amount I owe as secured and the other part as unsecured. I know they have a right to the car for the secured part but not for the unsecured. The amount they want me to pay is for the total amount, not just the secured part. I think they are trying to bs there way into taking the car for the whole loan not just the amount left that is a secured loan, which i figure is maybe 2000 dollars. Does anyone think I have a chance if I have to go into court on this? Still not sure what they are going to do,but I think I will call Monday and try to getthem to agree to smaller amount

Mr. Knowitall · #3 11-10-2007, 02:29 PM

We can't tell you what your lender will do.

If you wish to keep the car and have clean title, at this point it is reasonable to assume that your lender will insist upon a full payoff of the loan, fees, and repo costs. They may be willing to negotiate a lower payoff, but they don't have to agree to accept less than you owe.

Your chances if you "go into court on this" - your chances for what? They can sue you for any debt that was not discharged, whether or not it was secured.