My question involves an auto loan or repossession in the State of: Michigan
To whom it may concern,
My problem is complicated, at least from my perspective, and it does deal with a repossession, so please bear with me.
For the last 9 years I have been on Workers Comp due to an injury. This has never been refuted even though I have had several Independent Medical Exams etc...
However, they have used many methods via my comp. checks and employment at my plant to keep me from ever becoming solvent.
With this is mind, I was able to obtain a loan with GMAC in August 2005 for a brand new Pontiac G6. Subsequent problems with the vehicle, such as several major steering system malfunctions dating to just 4 months after receiving the vehicle, eventually lead me to a "Lemon Law" attorney in 2007.
I "won" a settlement in October of that year amounting to $5500 of which $3500 went to me. I kept the car and received an extended warranty which would expire in Mid-October of 2008.
Due to manipulations of employment and pay, I had to use both of my lease extensions (which cost a full car payment to begin with), and made EVERY attempt to make sure I was never 30 days late with a car payment. I would come down to the wire on occasion but never over it.
Unfortunately, by the end of August 2008, I had not been allowed back in the plant as had been usual the last several years and had to make a decision. To keep the car or lose my apartment. I chose the car. I needed transportation due to medical exams and a pending surgery which I had been fighting for for some time.
The last week of August, I received a call from GMAC and spoke to a woman for quite some time. I told her of my situation and said that I fully intended to keep my obligation by paying the lease in its entirety. At this time I was not yet 30 days late. She did inform me that I had used both my extensions, but she wanted to work with me. I indicated that if I could be given until October 16th, 2008. That I would have the lease up to date, the fees covered and November on time as I would have limited living expenses after leaving the apartment.
I left her with my new mailing address and my phone number. She indicated that If I didn't hear anything from GMAC that everything should be fine, but to make sure that first payment on October 16th was made on time.
My lease would be over on Dec. 4th.
I heard nothing from GMAC after this.
Out of the blue that same week, Chrysler assigned me for an additional IME. The doctor recommended an EMG and I showed on time a few weeks later at the end of September.
On October 15th at 2am my car was repossessed. I called later that day to talk to GMAC but never got passed the redemption center. I spoke to an individual there that I had made a deal with a GMAC rep at the end of august and was supposed to resume payments on he 16th. She had no record of this, but did indicate a call had been made to me during the time I specified. She then indicated that I owed $5k in fees and other expenses and that I had 30 days until the car would be sold at auction. I told her I didnt have the money at the time.
I was allowed to get my things out of my car at the storage facility, but noticed my car had been scratched in several places (one severe) and the lady at the site made note of it.
On October 22nd, Chrysler put me off comp. Therefore negating my income. While I still had health ins, I had no way of paying for meds or getting to appts.
I also received a letter from Chrysler indicating that I had to report to the plant to sign paper work or I would be fired. I made it to the plant with help from a neighbor thank GOD.
I was then told that my car would be sold at auction on Nov. 2nd Not 30 days like they said.
Eventually I received a letter stating that I now owed $4.3k on the car after auction and they had reported to the credit bureaus as of Nov. 7th.
Eventually I discovered that BOTH Chrysler LLC and GMAC are owned by the same company, Cerberus.
Cerberus had access to both my car information, and could manipulate my financial situation through my job.
I think this is beyond fishy considering all that has happened.
Am I wrong in this assumption?
Do I have any recourse?
My present attorney for comp. appears absolutely overwhelmed at all that's happened and nothing appears to be getting done. It's been VERY hard to find anyone to help with the Comp. situation, and with this addition, virtually impossible.
Any advice would be much appreciated.
Thanks very much for reading this.