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  1. #1
    Join Date
    Jan 2013
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    Default Vehicle Repossession After Dealership's Error Processing a Payment

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

    Hello, thank you in advance for any response you leave.

    I bought a car from a "buy here pay here" place. They repossessed it one morning (2AM) because I had not made the payment. I had made the payment, but the person who ran my credit card input the wrong expiration date into the card machine.

    Anyhow, the person who repossessed my car was not from a tow company, they were from the dealer. I know this because I woke up, went outside, and started arguing with him. He does not have a license to repossess cars in Illinois.

    Also, the dealer has not sent me any letter saying how they intend to dispose of my car, and they also haven't sent me an affidavit of defense. All I got was a letter saying I owed double what I actually owed, and I had 21 days to redeem.

    From me doing research, it seems that I have a case; I would like to hear your thoughts on the matter. I have spoken to two lawyers, they haven't gotten back to me yet, so I was going to just file myself in small claims, I want this to be over.

    Your help is appreciated.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Vehicle Repossession After Dealership's Error Processing a Payment

    Quote Quoting jumping999
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    I bought a car from a "buy here pay here" place. They repossessed it one morning (2AM) because I had not made the payment. I had made the payment, but the person who ran my credit card input the wrong expiration date into the card machine.
    If your payment was not properly processed then you didn't make the payment. You attempted to make a payment but no payment was made.

    The machine should have made the rejection obvious on the spot. Why didn't that happen?

    Who was "the person who ran my credit card", why didn't they fix the problem when it occurred, and are they presently supporting your assertion about what happened?
    Quote Quoting jumping999
    Anyhow, the person who repossessed my car was not from a tow company, they were from the dealer. I know this because I woke up, went outside, and started arguing with him. He does not have a license to repossess cars in Illinois.
    You are free to report that to the state.
    Quote Quoting jumping999
    Also, the dealer has not sent me any letter saying how they intend to dispose of my car, and they also haven't sent me an affidavit of defense. All I got was a letter saying I owed double what I actually owed, and I had 21 days to redeem.
    What does "I owed double what I actually owed" mean? You say you are behind by one payment, they say you're behind by two? They're assessing one payment plus a repo fee? The contractual late fees and penalties amount to roughly the same amount as your missed payment? Something else?
    Quote Quoting jumping999
    From me doing research, it seems that I have a case....
    A case for what? For potentially avoiding a deficiency if you ignore them and the car is ultimately sold without proper notice to you? What do you have in mind?

  3. #3
    Join Date
    Jan 2013
    Posts
    3

    Default Re: Vehicle Repossession After Dealership's Error Processing a Payment

    Thank you for responding to my question Mr. Knowitall.

    Quote Quoting Mr. Knowitall
    View Post
    If your payment was not properly processed then you didn't make the payment. You attempted to make a payment but no payment was made.

    The machine should have made the rejection obvious on the spot. Why didn't that happen?

    Who was "the person who ran my credit card", why didn't they fix the problem when it occurred, and are they presently supporting your assertion about what happened?

    You are correct, I attempted to make the payment.

    I texted my CC information to the lender, and I sent them the incorrect exp. date. By the time I spoke to my CC company, figured out the mistake, and tried to fix it with the lender, they had repossessed the car. The exp date issue, IS my issue, and my fault. But, I am not arguing against the repossession per se. legally; I was in default, legally, they had every right to take my car. I am arguing against the way in which they did it.

    You are free to report that to the state.

    What does "I owed double what I actually owed" mean? You say you are behind by one payment, they say you're behind by two? They're assessing one payment plus a repo fee? The contractual late fees and penalties amount to roughly the same amount as your missed payment? Something else?

    Yes, that is what I am assuming as well; however, they never sent me a breakdown of WHERE the extra fees are coming from. All I got is a letter stating I owe $1,650, when my previous balance was $650.00

    A case for what? For potentially avoiding a deficiency if you ignore them and the car is ultimately sold without proper notice to you? What do you have in mind?
    I believe I have a case for theft by conversion, unlawful repossession, and fraud and deceptive business practices. I am alleging conversion because the person who took my car did not have any paperwork stating he had the right to take it, he used trickery to gain possession of it (trickery by stating he was an employee of the recovery service, when in fact, he was an employee of the car dealer.)

    I am alleging fraud and deceptive business practices because they did not send me any information stating when and how they intended to dispose of my car. The UCC states they have to dispose of it in a "commercially responsible manner", and they have to let me know when and where the sale will take place so I can bid on it.

    Then again, I don't know, that's why I am asking you.

    Thanks for your help.

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