Re: Re: Repossession Dilemma I double checked with hubby...it was a 5 year loan and his monthly payments were about $289/mo. The paperwork in the truck...*kix hubby again*...he says he kept it in there because when he'd make his payments it was normally after work, so it was just easier to keep everything in the glovebox. He made another payment after all of the runaround to get a payoff amount (not sure if it was a full payment or a partial) he was still trying to figure out what happened that they wanted such a big payment. The bank wanted it all at once ( He's Positive it wasn't a balloon loan). He went to pay off truck the week before he was scheduled to fly up here for a 2 week visit. Right after he left , the bank started contacting his mom. (apparently trying to get his parent's to pay the $6300.) Which mom said NO I'm not on the loan you need to contact him in WI. They gave her all sorts of information on the loan via phone. Shortly afterward, they repo'd the truck because he didnt pay the $6300 all at once. They (the bank) contacted mom again and told her he could still get the truck for $7000+. Mom asked where it was so they could make arrangements with him to get his personal property. They told her no. He could get his personal property when he paid for the truck. Hubby (as far as I'm aware) has not contacted the bank. He says that since they quit contacting him and only contacting his mother, even after she told them where he was that they just didn't want to deal with him anymore. He's being pigheaded because he feels they "screwed him over" (his terminology - not mine). I've tried to explain to him that won't help his situation, but...he's being stubborn. Now he wants to just wait until we move back to NC later this year and get an attorney to handle it. That's why I'm at such a loss as far as how to handle it. He's being just as uncooperative as they are, but in order to correct his credit report I need something to go on. ( They show the $13000+ original amt and $6300 due and the $6800 in the trade line, and not the difference between what they supposedly sold the truck for, + they show his monthly payment as $20) It's such a complete mess, I wish I'd have never looked into it. I don't know if I contact the bank and request the contract and payments made to determine what the correct amount should be ( so I can get his cr correct ) If they'll cooperate. NC isn't a joint prop. state, so it's HIS account only. But, where they released info to his mom...maybe they will his wife?
Re: Re: Repossession Dilemma Why not write the letter and have him sign it? That way they ARE dealing with him, at least they think so. The fact that he turns everything over to you is immaterial. Did his mother cosign the note, by any chance? If so, they can deal with her. I think you need to contact a NC lawyer now. You may be running up against a SOL, and you may need to at least file. Then everything will be started when you move back there. North Carolina has some strange laws, I don't know what the time limit is. But I think it's worth it to at least contact a lawyer.
Re: Re: Re: Repossession Dilemma Good Idea Hedwig, Thank you! They wouldn't have to know I was actually doing the writing. (DUH!, lol...new and overwhelmed and not thinking straight) As far as I know, no, mom is Not a co-signer on the loan...if she were, the bank would be going after them for the money and they arent. You may very well be right re: the lawyer. I know the bank is running out of time as far as suing hubby on SOL, but he's been here 2 years Mid-July, so his time might be very limited as well. and I suppose if the bank WAS in error, they may very well be willing to let the SOL's pass. They've got the truck back...plus what he's paid on it. Could that be why they haven't gotten rid of the truck yet? Waiting to see if hubby will just let it pass?
Re: Re: Re: Repossession Dilemma There are to many incidents like this happening. This is why Repossessions need to be outlawed. The victims of this legalized grand theft auto are denied their rights of due process of law .
Re: Re: Re: Re: Repossession Dilemma I have to admit, when I first started questioning hubby about this, I truly wondered if he was being honest about it...EVEN though when he went thru the runaround with the bank re: the payoff amt, he called me completely pissed about it that night and the following nights after all of the attempts to get an amount. It just seemed too strange to be real. The more I scour the forums for info on similar subjects, the more I realize this isn't as strange as it seems, it Does happen. In a general sense re: his personal property, hubby wouldnt even be so pissed other than the fact when he was in NC, he was employed as a carpenter, so he had a toolbox with all of his tools, etc, in the truck as well. So...on top of the loan payments ** hubby's calculations** ($289/mo x 12mo's x 5 yrs = $17340.00 total paid on the loan *original amt according to cr was $13000+ *) the bank also got quite a chunk of change in the personal property in the truck. I'm truly grateful to all who have taken the time to try to help me sort this out. My head's spinning with all of the information I've been trying to absorb from a couple of the forums. Thank GOD I found the forums. At least now I know we do have Some rights.
Re: Re: Re: Re: Repossession Dilemma Have him make a list, as best he can, of the personal property he had and the value. When you contact the lawyer, ask how you can sue to get this stuff back. If the value is under the small claims limit, you may be able to sue in small claims court. You won't get the property that way, but you'd get the money, and small claims doesn't cost that much. It's been over 20 years since I was in NC, so I don't remember what the limit was, even if I knew it then. And it's probably changed, anyway.
Re: Re: Re: Re: Repossession Dilemma If he's had to replace this stuff because it couldn't get to it, have the cost of what he replaced as well.
Re: Re: Re: Re: Repossession Dilemma I'll have him start trying to figure out what all he had in the truck tonight when he gets home. Thank you for the suggestion. I guess I just assumed he was $#!t out of luck as far as his personal property. Since we've already discussed getting a lawyer to look at this situation, he does have one in mind he'd like to use...I'll tell him to get a hold of him ASAP to get this started. Do I wait for the lawyer? or do I go ahead and try to get something from the bank as far as a contract and payment history? and do I wait on disputing the incorrect info on his cr?
Re: Re: Re: Re: Repossession Dilemma I'd go ahead and dispute the information. As far as contacting the bank, why not wait and ask the lawyer if you should do it or if he should. Also, ask the lawyer if it is a criminal offense for them to keep his personal stuff, which includes his paperwork. If so, maybe you can have a criminal complaint sworn out against them, too. The more uncomfortable you make them, the better for you, I think. As long as it's legal, of course, and not extortion or something. You might also ask the lawyer this--if the bank doesn't cooperate and refuses to return his personal property, can you contact one of these TV stations that does the stories about stuff like this and try to get it on TV? There used to be a station in Raleigh that did it, I don't know about anywhere else.
Re: Re: Re: Re: Repossession Dilemma Once again, Excellent suggestions Hedwig. I think I'll go ahead and do the dispute with the cra's...and have hubby get in touch with an attorney down there with some of the other suggestions. Thank You. At least we're starting to get an idea where to go with this, and we appreciate it very much. I do have an off topic question for you tho .... if the answer is 42 (in your sig) What is the question?
Re: Re: Re: Re: Repossession Dilemma did he get the payoff in writing? also, what is the SOL for him to sue the OC over getting his property back and anything else? is it two years? does he have the cancelled checks?
Re: Re: Re: Re: Repossession Dilemma kittenroni, My sig comes from Hitchhiker's Guide to the Galaxy by Douglas Adams (don't confuse with Scott Adams, of Dilbert fame. The question is "what is the answer to life, the universe and everything. It's hard to explain if you haven't read the book.
Re: Re: Re: Re: Re: Repossession Dilemma No, the bank would not put anything in writing on the payoff amount. We're not sure, he's going to contact a NC attorney to find out what his options are No. He paid his loan on payday when he cashed his paycheck from work. He'd go to the bank, cash his check and have the pymt amt taken out of his check. Any bank slips recording the transaction (that he kept) went into the glovebox of the truck. If nothing else, DH has learned he cannot just trust a bank to keep correct track of the amounts. Hedwig...I haven't read the book, but it sounds like something to check into , thanks
Bump: Re: Repossession Dilemma Nothing new yet DH is trying to find an attorney in NC willing to deal with it.
