My question involves an auto loan or repossession in the State of: California.
I fell past due on my loan. I made arrangements to bring the account current in two installments. I paid the first and the second was not yet due when the vehicle was repossessed. At this time my account was 25 days delinquent. When I called the lender to ask why, the branch manager said there was never an arrangement and she quoted me the amount to get the vehicle back. She required that I make two payments when only one was due, plus the repo fee and provide 5 additional credit references as well as a current paycheck stub before they would release the vehicle. I was instructed to send the funds certified which I did. I was instructed to pay the repo fee to the repo agent when picking the vehicle up. I paid the two payments to the lender and called to provide the confirmation number for the payment. I paid the repo fee directly to the dealership that was also the repo agency.
After I received the vehicle back I noticed mechanical issues that were not there prior to the repo. I called lender to explain the situation and was now told by the branch manager that they never repossessed the vehicle. This is contradicting what was previously said just a day earlier. The lender now says the dealership did. I asked why I would need to make certified payments to them and provide references if it was the dealership. The manager had no answer. Additionally, during the repo the agent blocked all the vehicles in the driveway with a regular truck until the tow vehicle could arrive preventing anyone from leaving. I have not received a NOI or any other notices relating to the repo. I filed a complaint with the BBB and below is the lender's response. The payment history is inaccurate and they made no acknowledgment of the payments I was required to make to them before they released the vehicle back to me. Do I have any legal recourse? Who should I contact regarding repairing the mechanical problems resulting from the repo?
MESSAGE FROM BUSINESS:
Customerís account was opened on 10/23/14, with an initial due date of 11/23/2014.
Customer missed his first payment and second payments. As we had yet to receive a single payment from this Customer, we assigned it to be repossessed on January 15, 2015.
As of 2/2/15, Customer was 3 payments past due. He made his first payment on 2/3/15, 72 days past due. Once we received the payment, we contacted the repo company and cancelled the assignment for repo.
On 2/17/15, the Customer called us and reported that the vehicle had been repossessed. We advised the Customer that we did not have the vehicle repossessed. After some investigation, it was found that the Dealership, XX, had had the vehicle repossessed. The Dealership was not acting on our behalf nor did it have our authorization for such repossession.
The customer went directly to the Dealer to retrieve his vehicle and paid the repossession fees to the Dealership in order to get his vehicle released.
If there was any confusion, it was due to the Dealershipís actions of repossessing the vehicle without our knowledge. We are working to prevent this from happening in the future. We will continue to work with the Customer in the servicing of his finance contract.