First off, I'd like to say Creditnet is a GREAT community. The FAQs, the members, and most of all, the advice, have really been helpful. Props. Here's my stiuation about my (IMO, unfair) repo: I had a '98 VW Passat I bought in 2001. I then worked for a courier company with my car (bad move), and unforunately, got into a collison (while working) on a snowy day in January 2002. The car was wrecked, totalled. Instead of totalling it, my job (the courier company) said they had a body shop and they were going to fix it, despite me pleading for them to just total it. No go. Since I received a ticket for that accident, I was let go. With no job, I really needed to get that car fixed so I could pay for it. I paid the deductible for the work, and they begin working on the car in March, finally. Months and months were passing, and my car STILL was not done. More parts had to be ordered and things, but they were just being really slow. I still had no job, and called the bank (VW Credit) and told them about the situation. I also wrote to them. I have full documentation of this, also. Their response was, yes, we'll HELP you. They said they'd call the body shop and my old job and put pressure on them to get it fixed so I could get (their) and my car back. Well, they didn't do anything. In June, three months AFTER the work started, they found out the A/C didn't work, AND the transmission was cracked! What! And they tried saying the transmission was broke BEFORE the accident. By this time, it was getting rough. I was sending in payments, even partial payments, and the bank said they didn't take partials, even though they knew of my stiuation. I still was behind, though. I then got another job. More letter writing followed. Finally, in July, my old job transferred the car to another shop and told me it was going to get fixed. Well, it didn't. The insurance agent for my old job was also talking to somebody at VW Credit at the same time (he told me), and NOW they wanted to fix the car. Initially, they didn't want to because the final bill for repairs came out to over $10,000. So they procrastinated for two months because of that... My feeling was that this meeting between the two could have happened alot earlier, and the work would have been done. The lady from VW Credit called, and in a nasty tone, said they were going to take the car. I said, not knowingly, come and get it - I didn't even have it! I guess she sent out a form to the dealership service department to not have the car released to anybody (as if I were going to take it), and that they would come get it once the work was done. The work was finally done in late October, and I assume they got the car sometime after that. In early November, I received a notice of sale of the vehicle. All it said was they were going to sell it after November 25. It also said that I could get it back if I had $3000 (all of the fees and the late payments). I called on November 26 with a loan for it, but they said since I didn't get it completed before the 25th, I needed the full amount, which was $16K. Months and months passed. I did a CARFAX on my old vehicle just to see where it went because they didn't tell if it sold or not AT ALL - no contact in months. The CARFAX did show it was sold, and then titled in IL (I live in WI). I then did an Autotrader search in that area, and found out it was being sold in Chicago. ALL of that info was never told, I didn't even know where the auction was being held so I could at least attend... Then, in April of this year, they send the deficiency balance notice saying that they sold the car for $4100, and that I owed them $12,800. It also stated that if I had any questions, call or write pomptly to that address. Well, I did, and I have had (once again) no contact with them since. I just have a couple of questions: 1) Aren't they in violation of WI State law regarding repos? Thanks to WhyChat's site and link to state repo laws, I found out that: "the debtor must be contacted and is required to sign a voluntary surrender of the collateral. If he refuses to surrender the collateral, a judgment must be obtained granting the right to self help recovery." I NEVER signed anything pertaining to the repo and recovery. I did say something that they could get the car, but that's not the same as a signature right? And I couldn't refuse to surrender the car because it was never in my possession. Right? And how do I know if they got that judgement? And I think the price they got for the vehicle was WAY under FMV, but I may be wrong... 2) Were they in violation of any part of the FCRA? 3) What sort of letter should I send them to get this started? 4) What are the chances of getting this off of my CR? On my Experian, it says "Voluntary Surrender/Current", and the balance is $20K, not $12,800. I have disputed it through the online dispute. Wow, sorry for the very LONG post. Any responses would be greatly appreciated. Thanks.
Unrelated but Did you have insurance on that car? LosAngeles | Very related<>The bank could be collecting from the poster and insurer both. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
Yes and no. I had full coverage from Progressive for about two or three months while working for them. I also was insured under them. About a month before the accident, I called Progressive up to see about lessening my insurance because I had coverage (full, I thought at the time) with my job. They said it was illegal to have two insurance policies on your vehicle. So I canceled Progressive. I guess one of the reasons why they didn't want to pay up was because they were a third party liability insurer, and the money came out their pocket. I would have kept Progressive if I would've known that. Also, I had talked to a lawyer about suing my old job, but he said he couldn't really help me until he started charging $200/hr. My old job and VW Credit worked together to screw me, period. Thanks for the replies.
I would start by filing a complaint here: Office of the Commissioner of Insurance Information and Complaints Section P. O. Box 7873 Madison, WI 53707-7873 I don't believe it's legal for an insurance company to drag their feet for what was it, 7 months, to repair a car. Do some more research on that angle. Then, I'd send a very strongly worded letter to VW credit specifying exactly which repo laws in WI they did not follow. I had a similar problem with a repo. I've gotten the lender to pretty much admit they can't collect their so-called "balance" but getting it off of all 3 CRAs is another problem I'm dealing with.
Re: Repo help (very long, complicat Thanks for the suggestion, but unfortunately, I DID letter tag the state, and this was their response (paraphrased): They also said that having two policies WASN'T illegal, so that was news to my ears going by what Progressive told me. Should use one of the sample letters on this site? And how strongly worded? Which one? I really want them to know I'm serious about this, and I think they KNOW they screwed this whole thing up - that's why they're dragging their feet about this. Thanks. Wow. I take it this is tougher than just asking them for it to come off, right? Well, keep fighting. I know I will. Thanks for the response. Appreciate it.
Re: Repo help (very long, complicat I am confused 2 different people posting as same person? Anyway It was unrelated if he didn't have insurance at all. If you have insurance, you are covered. Unless it's not included in the policy. Here is the deal. In order to collect the money from progressive you need to look at your insurance policy. Check if your OC's contract is covered by a lien claim against the vehicle. In order to collect the check from insurance, they need to claim it as repo I believe. After they get paid tho. You can dispute that they got paid in full and get it changed to paid/never late.
Re: Re: Repo help (very long, complicat Only problem here is he canceled the insurance before the accident.
Re: Re: Repo help (very long, complicat I will tell you this about VW Credit. They can be bastards to deal with. I had a broken lease with them a good while back, Over 7 years and it tool forever to get them of my CR. They will make a deal and then not keep their end of the bargain. This is one bank that will never get my business again... Just don't let them stress you out, and definitly follow up with the ins. company. I had my car stolen this year and it was recovered with $3500 damage. I paid my deductible, but dealing with cheap ass insurance companies is the pits. We pay them all this money, and then when we need to file a claim, they have the nerve to nit pic about giving you your own money back. Sorry about ranting in your thread, just had to vent.
Re: Repo help (very long, complicat No, no, it's still me. My sister is a new CreditNet member as well, and she must have been logged in on my computer and I didn't even notice it, and posted. My bad. Still ccdscott here. The problem, like lbrown said, is I canceled it about a month before my accident. Under the insurance with my job, I assumed we (the drivers) were fully covered, but we weren't. We were covered when we were not at work as well, but they held third party liability. If I would've known that, I wouldn'tve cancelled Progressive. In essence, basically, my job WAS the insurance company, since they were liable. That's why they didn't want to pay. MaddKredit, yeah, their CSRs are not very pleasant. And I still love their cars, but man, why are they so tough to deal with? Jeez. Anyway, which sample letter should I send to VW Credit? Thanks.
Re: Repo help (very long, complicat """" I would have kept Progressive if I would've known that. Also, I had talked to a lawyer about suing my old job, but he said he couldn't really help me until he started charging $200/hr. """"" Talk to few more lawyers. Old ones if you can find one. jk Which state do you live in? I can't believe they are getting away with this. My evil twin screaming on the background , claim personal injury.
Re: Repo help (very long, complicat There's no real sample letter for this...I made up one of my own. Here's what I came up with: Dear Mr. Jerk, We are in receipt of your letter dated February 4th, 2003. For the record, we are in full dispute of your claim that you have any legal entitlement to collect any deficiency balance for this account. Illinois law is very clear on the steps that must follow when repossession takes place. I will list them for you: 1- The borrower, if their total payments equal at least 30% of the original purchase price, must receive a notice of right to redeem from the lender within 15 days of the repossession. We have never received this notice. 2- When the repossession occurs, the lenderâ??s employee may not â??breach the peaceâ?. We objected to the repossession as it was taking place and were ignored. We requested our personal belongings be given to us- this request was also ignored. To this day we have yet to receive either our belongings back or suitable cash replacement. You have no security interest in our personal belongings. 3- The lender must send a notice of resale to the borrower letting them know when and where the sale of the vehicle is to take place. We have never received this notice. Also according to Illinois law, the resale cannot even take place UNTIL the lender is certain the borrower has received such notice. 4- The resale of a vehicle must be done in a commercially viable manner. Kelley Blue Book values the vehicle, a 2000 Chevrolet Cavalier, for over $6,500. It was sold for $3,500. The vehicle had no blemishes or defects. Also, having not ever received notice of the resale, it is not known to us whether this was a private or public sale. 5- Before a vehicle repossessed in Illinois can be resold, the lender must send notice to the consumer stating they intend to apply to the Illinois Secretary of State for a repossession certificate of title. With that notice must be an affidavit for the borrower to list any defenses he/she may have to the creditorâ??s application for transfer of title. We have never received this, as well. Because we have never received a notice of resale and assert that the resale was not done in a commercially viable manner, the law presumes that the value of the car is equal to the outstanding debt. Therefore, we do not owe UJERKS a deficiency balance. We demand that UJERKS immediately bring our account to a zero balance and cease any and all collection activity. All communication to us must be sent in written form to the above address. We will not accept phone calls from anyone representing UJERKS. Further, this is your notice that we have not dismissed the possibility of retaining legal representation to resolve this matter. Sincerely, Smontoya5 Mr Smontoya5
Re: Re: Repo help (very long, complicat Hmmm. Do you have anything in writing from the company explaining this coverage? Might want to pursue a breach of contract claim against them. Keep in mind, I am not an attorney so I could be wrong here.
Re: Re: Repo help (very long, complicat Dealing with cheap ass insurance companies is the pits. We pay them all this money, and then when we need to file a claim, they have the nerve to nit pic MaddKredit This is the beauty of compulsory auto insurance: States force you to buy a product that don't really exist. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
Keep all your correspondence to and from VW Credit regarding your efforts to "work things out" as far as getting caught up on your account. If they said in writing something like "we'll try to work with you", that's something to consider. My concern is that (1) one way or another, the car was ultimately fixed; (2) the costs weren't out of your pocket; and (3) you unfortunately fell behind on your account, giving them cause to determine this as a repo. At this point, you can try to fight it out with the OC about the way in which it's reported. But since it's $12,800 they're probably going to refer it out to any attorney for a litigation. This might be your opportunity to argue the WI repo laws as well as possible "bad faith" on the part of the insurer.
smontoya5, LOL! Dear Jerks! That's great! Thank you for the letter. If you don't mind, I used most of your outline, and tailor made it to fit my situation. I also found a great resource about Wisconsin law regarding repos online, and found they violated two WI statutes in my case. As for my old job, YES, I have documentation explaining the coverage of our courier work. How can I get them on breach of contract? In July of 2002, he initially stated they were NOT going to fix it, and he was prepared to give me the car - no airbags, no transmission, nothing done. When I threatened with legal action after the free consultation with the lawyer, they still didn't do anything. My car was on the lot of the dealership service department for over two weeks! By Spetember, after a round of letter tag, he relented and said they were going to pay for the vehicle ONLY AFTER talking to a rep from VW Credit. Why couldn't he do that five months before? kickman, No, I don't have anything written - the VW Credit reps continually said they were going to contact my job to force them to get on it, but they never did. Bummer. I understand this was partly my fault for getting behind in payments, but how they handled it was unfair, and violated WI law. What are my chances of winning such litigation? Thanks for everyone's replies. I really appreciate it.
I would say they had a contractual obligation to fix your car within a reasonable period of time after the accident. 7,9, 10 months whatever it took- was too long. VW is a foreign car but sheesh it's not like it's a Fiat or something. No reason it should have taken that long. I would say it's a fair argument that because they dragged their feet so long- it caused you severe financial difficulty because you could not get another job. Let me check around and see if I can find someone who knows the insurance biz a bit.
Aha- check this out. Part of the Wisconsin state statutes requiring "prompt payment of insurance claims": 628.46 628.46 Timely payment of claims. 628.46(1) (1) Unless otherwise provided by law, an insurer shall promptly pay every insurance claim. A claim shall be overdue if not paid within 30 days after the insurer is furnished written notice of the fact of a covered loss and of the amount of the loss. If such written notice is not furnished to the insurer as to the entire claim, any partial amount supported by written notice is overdue if not paid within 30 days after such written notice is furnished to the insurer. Any part or all of the remainder of the claim that is subsequently supported by written notice is overdue if not paid within 30 days after written notice is furnished to the insurer. Any payment shall not be deemed overdue when the insurer has reasonable proof to establish that the insurer is not responsible for the payment, notwithstanding that written notice has been furnished to the insurer. For the purpose of calculating the extent to which any claim is overdue, payment shall be treated as being made on the date a draft or other valid instrument which is equivalent to payment was placed in the U.S. mail in a properly addressed, postpaid envelope, or, if not so posted, on the date of delivery. All overdue payments shall bear simple interest at the rate of 12% per year. I don't know if you, the consumer, can file based on this law, though. This might be something that is enforceable only through the state.
Letter is already typed, printed, in the envelope, and ready to go. Thanks to everyone that has replied. This is been a serious learning experience. smontoya5, Interesting. Should I send a letter out to those guys? I threatened litigation before, and I guess they called my bluff when I didn't follow through because of the high-priced lawyer. And since they EVENTUALLY fixed it, I don't know if I would have a strong enough case. It doesn't hurt to try, though. What letter should I send? ;-) And, as far as attorneys go, where I can I find a cheap one? I'll probably need one soon. Thanks.
bump It's been 30 days sent I got the green card back. Nothing from them, at all. Experian has deleted the repo from my CR, but EQ and TU STILL has them on there as voluntary repos. What should be my next step towards VW Credit regarding this bogus deficieny balance? And why are they taking so long? smontoya5, help... Thanks.
