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  1. #1
    Join Date
    Aug 2006
    Location
    TN
    Posts
    4

    Default Vehicle Repossession Laws

    This took place in TN.
    I am a soldier with the 101st Airborne Division, who served over 21 years and two wars with the United States Army. I originally retired in 2004, but after about 2 years, my life of retirement was not what I dreamed it would be. I went through a long and drawn out divorce that forced me to file bankruptcy and left me with virtually nothing. I lost half of my retirement and the rest of my personal property to my ex-wife. The only two things of any real value that I did get to keep were my home and my vehicle, both of which were still being financed.(I never reafirmed them) I continued to make payments on both my home mortgage and my vehicle loan so that I would not lose those as well.
    I bought my Ford F150 truck in 2001 for $31,000.00 and had been paying on it ever since. I only had 6 more payments left until it would be paid for! In May of this year (2006) I was recalled back in to the Army out of retirement. I had about a one month gap between my old job and when I actually reported to the Army and started drawing a pay check again. I realized that I would have to contact my two creditors to try and arrange some payment plan to make up for the period where I did not earn any income. I still had to make my child support payments, and remember half of my retirement was going to my ex-wife. I worked out a plan with the creditors (mortgage company and Ford Credit), to double up on payments when I started to draw my active duty pay again.
    Everything worked out according to plan, or so I thought. One morning I woke up and got ready to report to my unit just as I do each and every morning, only on the morning of 3 August, 2006 I went outside to discover my truck was missing. The first thing I did was call 911 to report it stolen. The dispatcher asked if it could have been repossessed and I said no since I was up to date on my payments. She came back on the line a minute later and notified me that her records indicated that it had been repossessed and that I needed to contact my lien holder.
    I contacted Ford credit and the first thing I got was coldness and rudeness on the phone. I was transferred to their bankruptcy department and was told that my payment history showed 53 days late. I tried to explain to the individual from Ford that I worked all this out over the phone with one of their customer service representatives months prior and had since brought the payments up to date. He told me that since I had filed bankruptcy, it was my responsibility to make all payments on time and that it was my own fault. I tried to explain that this was my only means of transportation to provide a living for my family and also explained that I had been paying on this vehicle for 5 years without missing a payment and only had 6 more payments until it was completely paid for. He told me that the only course of action that I had was to pay the balance off including a repossession fee of $365.00. That left me with a total of $4655.93, which I was I was forced to borrow from my credit union at Fort Campbell, KY, who bent over backwards to try and help me in this whole predicament. I ran into further problems with Ford Credit when they became uncooperative in providing the necessary information that I needed in order to obtain the loan. The first thing I asked for was my payment history so I could show the credit union that I had been making payments on the truck, even after I filed bankruptcy. Ford Credit told me that I could find that information myself at Fordcredit.com. When I tried to access that account, I discovered they had closed my on-line account. When I called them back to inquire about this, they said “since I did not own the truck anymore, I had no right to the account”. I asked if they could fax me the information that I needed. They told me “no, they could send it off in the mail”. I was getting more than frustrated and furious with them because I was running against the clock at this point. I only had 10 days from the date that they took the truck before it would be sold at an auction. I can only surmise that this was a tactic that Ford deliberately deployed so they could sell a truck that was worth over $11,000.00.
    Again, I still am completely shocked and appalled that they would treat a soldier this way even after I had made arrangements with their customer service section and had been making the payments for the past 5 years with only six more payments until the vehicle was paid off. I never received any phone calls or notice what so ever that there was a problem with my account or that they were going to take any action. The only way I found out that my truck would be sold in 10 days was from when I went to reclaim my personal property out of the truck at the “impound lot”. Ford Credit never sent me a notice, but did send my ex-wife one in the mail.
    Once I got the money and paid off Ford Credit, I went to try and reclaim my truck from the company that took it from my residence. Once I got there, they told me that I would have to pay another $140.00 in storage fees. This was on top of the $365.00 repossession fee that I had already paid.
    I am just wondering if any laws were violated at all.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Vehicle Repossession Laws

    Do you have any written confirmation of the deal you worked out?

    (If not, this is why lawyers are always telling people: Get it in writing.)

  3. #3
    Join Date
    Aug 2006
    Location
    TN
    Posts
    4

    Default Re: Vehicle Repossession Laws

    No, I did not get anything in writing. It was via phone conversation with their customer service section. I thought I was doing the right thing, because they always say... contact your creditors to work things out.

    Given the point that I don't have anything in writing from them, is there still any requirements for them to notify me in writing about a possible repossession? And what about the fact that I had the loan almost 90% payed off?? I got my truck back now, but after much headache!!! I just want to make sure they played by the rules since they are splitting hairs over the rules that I broke!
    Thanks again

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Vehicle Repossession Laws

    Yes - contact them, work it out, then confirm whatever you've worked out in writing.

    You can try contacting them to see if there is any record of their prior agreement in their system, or if you can convince them to honor it. But without anything in writing, there's only so much you can do.

  5. #5
    Join Date
    Aug 2006
    Location
    TN
    Posts
    4

    Default Re: Vehicle Repossession Laws

    MR "Know it all",
    Do you have ANY formal legal training at all????? Because I have yet to see any advise to me or any of your hundreds of other responses that amount to anything. People have been asking for LEGAL advise and you speak to everyone as if you are a parent speaking with a child!!!
    Thanks for nothing!

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Vehicle Repossession Laws

    You didn't hear what you wanted to hear, so you got abusive? Nice.

  7. #7
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default Re: Vehicle Repossession Laws

    seriously, don't insult members of the board, because you didn't get the answer you wanted. you created your situation, no one else. suck it up.

  8. #8
    Join Date
    Aug 2006
    Location
    TN
    Posts
    4

    Default Re: Vehicle Repossession Laws

    There was nothing abusive in my comment. I am just curious about your "qualifications" for giving out "legal advise". I checked a lot of your answers to other people's questions and I have yet to see one answer that was actually LEGAL advise other then telling them to get an attorney. Most people are searching for legal advise in this forum as a prelude to looking for an attorney. Again, you have failed to answer my question! Do you have any formal training in the legal field?????

  9. #9
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Vehicle Repossession Laws

    Quote Quoting Mr. Knowitall
    View Post
    Yes - contact them, work it out, then confirm whatever you've worked out in writing.

    You can try contacting them to see if there is any record of their prior agreement in their system, or if you can convince them to honor it. But without anything in writing, there's only so much you can do.
    This legal advice is 100% accurate.

  10. #10
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Vehicle Repossession Laws

    Quote Quoting douggee65
    View Post
    There was nothing abusive in my comment. I am just curious about your "qualifications" for giving out "legal advise". I checked a lot of your answers to other people's questions and I have yet to see one answer that was actually LEGAL advise other then telling them to get an attorney. Most people are searching for legal advise in this forum as a prelude to looking for an attorney. Again, you have failed to answer my question! Do you have any formal training in the legal field?????
    I have several decades of legal experience.

    Let me rephrase what MKIA is telling you: You have no case now because you have nothing in writing. If you want to negotiate, get it in writing.

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