[ccolbert]

My question involves an auto loan or repossession in the State of: California

Hi, I am going through an ordeal. My car was repossessed. Although I was only a few days late, it was my fault. I'm cool with that.

I immediately contacted the loan company, found out the amount and told them I would pay it immediately. They told me they had to wait on some paperwork from the repo company, but would contact me back and let me know where to pick it up. 6 days pass with me calling the loan company repetitively only to be told I had to still wait cause they were 'locating' the car and the paperwork they need. Finally they call me and tell me I can pick it up from the dealer I bought it from. "Bring cash" I pick up the car, only to find out that there are atleast 1,500 additional miles on the car, and that there are parking receipts in the car for a completely other city and other articles that clearly shows that the repo company used my car to take kids, presumably a family, to the Aquarium of the Americas in Long Beach. I can only imagine where else they went because the repo company is located in Sylmar, about 80 miles away.


Additionally, all of my paperwork and belongings that were in the car are gone. I've been going around and around with the finance company. They say that are not responsible for damages or theft incurred but they will get the repo company to deliver my missing property. But as far as the unauthorized use, they will try to get the repo company to make me some type of restitution. And the repo company won't return my calls. After some research, I find out through the Better Business Bureau that this company has an F rating, with numerous complaints filed against them in the last 36 months.

Is the unauthorized use of my car illegal? If so, should I try to go with their plan for what I'm sure is minimum restitution? (Afterall, these miles depreciate my car and are charged against my warranty.) Or is it worth getting a lawyer over? What should be my next step?

[cyjeff]

From the moment it was repossessed, it was no longer your car.

The loan holder can try to get you some restitution, but it would only be owed to the loan holder... not you.

Oh, no one repo's a car on a customer that is only a "few days" late.

Your personal property must be returned.

[ccolbert]

cyjeff,

Thanks for the quick response. I feared this may be the case. So basically I'm shafted.

And as far as the "few days", it was 9 days. Me and the finance company agree on the timing. They say it is their prerogative after 1 day. And according to everything I see online, they are actually right. Are you telling me this is not true?

[Mr. Knowitall]

The repo company is not supposed to use repossessed items for personal benefit. (See Business & Professions Code, Sec. 7508.2(b)). They're also supposed to log the odometer reading and inventory everything that is in the car. (See Business & Professions Code, Sec. 7507.9).[COLOR=#231f20][COLOR=#231f20]
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