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  1. #1

    Post How to Make a Lender Repossess

    My question involves bankruptcy in the state of: Arizona

    My Chapter 7 bankruptcy was discharged in January 2012. One of the creditors was HSBC from whom I had purchased an ATV in April 2007. When January 2013 rolled around and they still hadn't contacted me to pick it up I began calling them. After being referred to several other telephone numbers I finally learned HSBC turned it over to Bass & Associates. Though I seem to finally have the right contact info (Bass) they just don't seem in any hurry to pick up the ATV. I call ever few weeks and just keep getting told 'we are working on it but are still waiting on some documents'.

    I have 4 questions. 1) How do I get them to come pick up this ATV? 2) Should I even be dealing with Bass since I have absolutely nothing in writing from HSBC saying its okay? 3) Do I have the right to charge them a monthly storage fee since they seem to not be in any hurry to pick up the ATV? 4) If they won't come pick up the ATV how can I get a lien release so I can sell it and get rid of it?

    Making money off the ATV is not my goal here. I just want it gone. Its a memory of a said time in my life (bankruptcy), I am now renting and had to rely on someone else to haul it since I don't have a trailer, and its embarassing when others tell me to sell it and I can't nor can I tell them the truth of why (it has a lien).

    Thanks for any help or suggestions you can give.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Financed Atv from Hsbc

    Quote Quoting tryingStephanie
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    1) How do I get them to come pick up this ATV?
    There's really no way that you can compel them to come pick it up.

    Quote Quoting tryingStephanie
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    2) Should I even be dealing with Bass since I have absolutely nothing in writing from HSBC saying its okay?
    Six of one, half dozen of the other. Probably doesn't matter who you talk to. They probably won't pick it up anyway.

    Quote Quoting tryingStephanie
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    3) Do I have the right to charge them a monthly storage fee since they seem to not be in any hurry to pick up the ATV?
    That's silly. They won't pay it and if you sue them for it you'll lose.

    Quote Quoting tryingStephanie
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    4) If they won't come pick up the ATV how can I get a lien release so I can sell it and get rid of it?
    That's not gonna happen either.

    Read the following article about this all to common occurrence. You might get some ideas out of it.

    https://origin.bankrate.com/finance/...ss-my-car.aspx

  3. #3
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: How to Make a Lender Repossess

    It might be more valuable as parts than as a whole. Just sayin'...

  4. #4

    Default Re: How to Make a Lender Repossess

    Thanks for the suggestion, but I couldn't bring myself to do that as is seems like vandalism to me because it belongs to them not me.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: How to Make a Lender Repossess

    Quote Quoting tryingStephanie
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    Thanks for the suggestion, but I couldn't bring myself to do that as is seems like vandalism to me because it belongs to them not me.
    Yes, you do have a duty to preserve the item.

    I know this puts you in an inconvenient position. Bankruptcy prohibits the lender from pursuing the debt. But it doesn't obligate the lender to raise a finger to make things easy on you.

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