[nikki75]

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

My finance company picked up my car last night in front of my home 15 days after my first car payment was due. My payment of 397.61 was due on May 7th they picked up the car on May 22nd. When I purchased the car I paid a$2000.00 cash down payment. I called the the guy that sold me the car at the dealership and he had no idea this was going to happen. I purchased a money order for the payment on May 3rd and sent it on the 6 or the 7th of May. I have my reciept from the money order. Is this legal? will I have to pay the fees to get my car? I have to take off from work to find out what happened. I live in California Please help.

[cyjeff]

Boy... this is unusual.

I would bet you money that it was a hybrid vehicle, wasn't it?

[nikki75]

No It's just a 2007 Kia Optima. I'm waiting for the bank to open so I can call them do you know if what they did was legal in california will they have to give the down payment back ?

[cyjeff]

Call the bank and then post back.

This sounds like a mistake on their part. See if they ever received the payment and then let us know.

[nikki75]

I will post once I talk to them

[nikki75]

Well here is how it went. I called the company this morning at 9 because that's what time they open. I told the person my name and that my car was repossed her response was " Finally" I asked what do you mean by that she said I did not return her call I said she never called me or left a message on my work phone. She said someone at my company would not let her talk to me that's a lie I have my own extension and they where able to call for a new loan orientation. She said I had to come up with a payment of $887.60 in order to get my car they charged a late fee of $19.00 and a repo fee of $550.00 I asked if we could work something out since I have a reciept for the payment I sent I was told they have a problem with proceesing money orders I asked her since I have a receipt from the money order could I make the orginal payment plus a late fee she stated I had to pay the repo they did go down on the fee from $550.00 to $470.00. I still don't have my car I had to pay the police department plus the tow yard closed at 4:00 today now I have to pay $25.00 a day for them until Tuesday. I have reciepts of all my transactions I will be taking them to small claims court because I have to miss work on Tuesday. I had no warning my car was going to be repossed so soon I recieved a letter from them yesterday in the saying that my payment was late and to send It as soon as possible there was no late fee added on this statement. They said the contract I signed stated after 10 days late they can reposses the vechicle . What I read said 10 days late they asses a 5% late fee. Do you think I have a small claims case.

[usedbranflakes]

...that's one of the reasons that I bank online. Even though everyone thinks the mail gets through, it doesn't. Granted, I used to call to make sure the payment got through. I had a real hard time because I missed a payment and my cousin worked at the bank. My ex-wife didn't send it. ...so I made sure that they got it on or before the due date.

I digress... I used to be one of those mean collection people except when working car repos.
...and if someone misses their first payment we were usually out to hook it up within a week late when I worked collections. We used to make a lot less than $550 for an easy repo; it was $250 if we had the keys or could get a key cut. It was around $350-$400 for the truck. ...but that was back in the 90's. Fees must be up with all the repos.
...and we NEVER EVER EVER called a client telling them that their car would be reposessed. In fact, the collections calls were always really really nice. Oh, you can't send it till next Saturday. Let me check with my boss and see if we can waive it. If we can I will call you back. ...no call back and usually had the car within a day or two. Miracles happened and they answered the right to cure default letter the next day, BEFORE it had been mailed.
Speaking of mailings; at the time we posted on the day the payment arrived. Now, in the state, the finance company posts on the date the payment was mailed, if I recall correctly.

BUT, a process outline of the way it was 15 years agois not what you are here for...
Ask the lady when she called with a date and time and note that you know collection software has date/time stamps. Ask her if she will provide you a printout.

If it's a local bank show up and politely ask to speak with the manager of the bank; bring someone with you. The bank has a PBX and collection system and it should not be a problem to pull the phone records and a printout of the collection screen to validate his employee's story without requiring you to SUBPOENA it in court. Emphasize that you want to keep this as neat as possible as you mailed the payment and they recieved it as they noted that money orders can be hard to process.

Chances are that you might not get any traction, but $125-$150 for an attorney to write the letter will get traction.

...and you will probably still have to pay all the impound yard fees but may get the tow fee waived.

Good luck.

[aaron]

Have you followed up in relation to the money order, to see if and when it cleared?

[nikki75]

I called and so far it has not been cashed. The lady at the finance company told me they have had problems with people in the past paying with money orders they suggested I pay by quick collect (Western Union) I don't feel I should have to since that would add an extra fee. I usually pay all my bills on line but they don't have a website I even asked if I could call and use my debit card or credit card I was told that was not an option. I could drive 1 hr to there office to make my payment but with the cost of Gas that's asking a lot. I am upset with the car dealership because I was not told this information about the company up front I would of chose to go with another bank with a little higher interest rate. For some reason I don't think they are a real company after speaking with them I thought about it after I paid all the fees and I asked her where my car was located she had no idea all she had was a number. I called the tow yard on the machine the hours stated 8:30- 5 PM I called at 3:45 pm I was told I could not pick up my car until Tuesday because the last appointment time was at 4 PM and the finance place still had not faxed the release paper work they would not even tell me where they were located but she did say she was told to hold the car until Tuesday. Now I have to pay them $25 dollars a day from Thursday even though I did everything they asked and paid to get the police release. I will be filing small claims court papers on Tuesday against the Tow yard and the finance company I thought about adding the dealership since the finance company told me it was there fought they did not inform me. I was told by the finance company they are not in the business for customer service I think that's crazy if that's the case you would not have any money because without customers you would have no company.

[jk]

unless you can prove the finance company recieved the money order, especially since it has not been cashed, you cannot prove the finance company has been paid for this month.

Based on that, there is nothing wrong with the repo unless you have a written contract stating otherwise.

There are methods of sending the payment that provide proof of reciept. USPS, FedEx, and UPS all have methods available for this.