[Sivielruy]

My question involves an auto loan or repossession in the State of: North Carolina or Florida????
What are the laws in NC pertaining to car repossessions?
What are the laws in FLA pertaining to car repossessions?
I ask becuase my car got repossessed today!, however after much research online I have this story/question....I lived in Florida and purchased a car., 1 1/2 year later refinanced the car...2 years later moved to NORTH CAROLINA still making payments until falling behind late NOV (2007). Now I contacted the bank and explained my situation and asked to skip a payment in other words put the past due payment towards the end of the loan, I was told that in order for me to do so my account had to be current, I than asked if i can change my automatic payments from automatic bi-weekly bank withdrawl to Monthly withdrawl again my account had to be current. I paid but my payment were being gobbled by past due late charges as well as new biweekly charges and late charges....ALL my efforts to bring my account to date were pointless! it's like I was digging a BIGGER hole every other week!!!! all along I've delt with a very nice collections rep...sooooo I thought! she never explained anything until I was knowledgeable of what was going on and without any warning BAM!!! my car repo'ed...I called bank and of course the rep is out of town spoke to another rep who was guideing himself based on what was put in their computer system clueless as to the course of events! Anyways he gave me the phone number to the company in FLA whom had orderd my repo in NC with a sister recovery branch???? I called they said they'd call me back...I waited then took it upon myself to find tow truck comp online....I found what I was looking for and drove to my destination, I arrived, tow comp was shocked that I found them? my car was not their it was in another lot near by, however they spoke lies telling me it was 2 hours away when in fact it was two stop lights away maybe 4-5 miles away! I waited for my car to arrive, I got my personal belongings leaving my car NaKED!!!! I WANT MY CAR BACK but that clueless guy I spoke to today had told me that I can't pay for my car and that I won't be getting it back....the nerve of him telling me that!!!!! WHAT CAN I DO after the bank has repossession of the car????? and WHAT state law pertains to my case FLA (state I bought car) or NC (state I currently live in) ??????? I NEED HELP, I really want my CAR BACK!!!!!!!! And I realllllly want for this experience to be painfull and fufilling on both sides.....Is their anything i can do to get my car back and MY LIFE BACK IN TRACT?????

[cyjeff]

You were given the chance to bring your loan current.

How close are you to current?

[aaron]

According to the North Carolina Department of Justice,

You're delinquent with the payments on your automobile loan and your creditor is threatening to repossess your car.

Here is what you need to know:

• Contact your creditor when you realize that you will be late with a payment. Many creditors will work with you to set up a payment plan.

• If you miss a payment or you default on your contract in any way, such as letting your insurance coverage lapse, your creditor has the right to repossess your vehicle. Your creditor is not required to give you any advance notice of the repossession. The creditor or its repossession agent is allowed on your property to seize the vehicle as long as there is not a "breach of the peace."

• If you think your vehicle is in danger of being repossessed, it is best that you remove all of your personal items from the vehicle as soon as possible. After the vehicle has been repossessed, it can be difficult to retrieve your personal effects even though the creditor has no legal right to retain them.

• Once your vehicle has been repossessed, your creditor has the right to ask you to pay the delinquent amount in addition to the expenses of repossession. The creditor may also demand that you pay off the balance of the loan in full.

• If you are not able to pay these costs to retrieve your vehicle, the creditor has the right to dispose of the vehicle through a public or private sale. You should be notified of the time and place of the sale.

• After the vehicle has been sold, you will be notified by the creditor about whether you still owe money for the "deficiency balance." The deficiency balance is the amount owed after the proceeds from the sale of the vehicle have been applied to your total loan balance.

• Remember, it is easier to try to prevent repossession before it happens than to deal with it after the fact. Contact your creditor if you’re concerned that you might miss a payment or you default on your contract.

[Sivielruy]

experience to be painfull and fufilling on both sides

Correction: Painless

[Sivielruy]

Cyjeff:
I was about a month behind including late charges they imposed on my account, however bank kept on receiving their AUTOMATIC BI-WEEKLY payments....What occured was the fact that a weekly payment did not go thru due to the date it fell in and no attempt to retreve payment thereafter was made, meanwhile the new bi-weekly charges were accumilating and the automatic payments that the bank was receiving was just covering late charges....NOW this went on for months without any COURTESY call or letter! When finally I was aware of the situation I notified the bank to get back in track, mine you had I not pulled up my credit report this would of gone further and maybe my car would of been towed sooner????? And as far as your reply I personally feel that I was NOT GIVEN the CHANCE to bring my account to par had I not notified them, becuase FRANCKLY had that not been the case I would be where I am today., only sooner! Yet the bank was just putting limits as to what I could do to prevent from this happening! Theirs to much contradiction on their behalf.

[Sivielruy]

Aarron:
I'm currently aware of your response....NO GOOD to me now!!!! However my questions have not been answered???? MY CAR has been tow'd / repossessed...it's gone I tell you! Is their ANY other methods of retreiving my car???? If so, what are they???? I am aware that 98% of repos are due to negligence, however I know thats not my case....it's not like I was hiding!!!! I was the one you brought it to the banks attention....even though I'm sure they (the bank) was well aware of what was going on...Don't you think????

[Sivielruy]

Cyjeff and Aaron:
Thank you both for your fast responses....It is much appreciated, I'm sure it will help someone else before having their car repossesed.....Hopefully my questions can get answered....