topic Re: Car Repo - Help in General Credit Topics

Car Repo - Help

Anonymous — Thu, 01 Nov 2007 00:06:53 GMT

I bought a car and was making payments when my father committed a crime while driving my car. The Dept of Justice gave the car back to the car company. I was not allowed to have my car back and the car company still wants $3000 even though they auctioned my car without my consent. I was not involved in the crime. Does anyone know my rights?

Thank you

Geneva

Re: Car Repo - Help

Anonymous — Thu, 01 Nov 2007 00:12:35 GMT

Try law guru. com they may be able to give you an answer.

JWG

Re: Car Repo - Help

Anonymous — Thu, 01 Nov 2007 00:33:18 GMT

What happened at the hearing? Did you have a lawyer? Did you go?

Re: Car Repo - Help

Anonymous — Thu, 01 Nov 2007 00:35:36 GMT

my father was incarcerated. nothing was mentioned of my car. honda auctioned off the car without my consent and now still want 3K. what do you think?

Re: Car Repo - Help

Anonymous — Thu, 01 Nov 2007 00:52:57 GMT

Federal or state (and what state?)

http://forum.freeadvice.com/showthread.php?t=210137

Message Edited by Lady_Scarlet on 10-31-2007 08:52 PM

Re: Car Repo - Help

Anonymous — Thu, 01 Nov 2007 00:45:16 GMT

You are not giving people enough detail to help, but really you will need to run this by an attorney anyway.

Re: Car Repo - Help

Anonymous — Thu, 01 Nov 2007 00:55:38 GMT

NY State. After my father's hearing with nothing being said about the car. Honda sent me a letter indicating that I breached my contract with them since the Dept of Justice told them a crime had been committed in the car. When I contacted Honda to inform them that I was not involved in the intent to sell narcotics, they told me they did not care and were going to auction off the car. To date they call me at least twice a week asking for the $3K. To make this go away, I said that I would give them the $3K despite the fact that I was innocent.

Re: Car Repo - Help

Anonymous — Thu, 01 Nov 2007 01:10:32 GMT

Actually the reason that they say you were involved is because you are responsible for what goes on in a vehicle that you signed a contract to take care of (read the fine print) and pay for. That is what some mean by terms of agreement.

That is just like if your father was driving your car and had an accident in it. If you didn't not have him on the title or hi as an insured driver in most cases you would be responsible for YOUR vehicle that you signed for.

I know that might not be what you want to hear but that is how they do. One of the disadvantages of paying a car note is the car is not fully yours until you pay it off. That is why they are considered the first title and lien holder. You are the second title holder, so they can do as they see fit without contacting you because it is "their" car, until you pay it off.

You might want to contact an attorney to see what angles you need to take to get the debt taken care of before they put it on your credit, if they haven't already.

Have they put the repo on your credit already?

Message Edited by jaybee on 10-31-2007 06:10 PM

Re: Car Repo - Help

Anonymous — Thu, 01 Nov 2007 01:11:20 GMT

yikes. yes they have. once something like this on my report, is it possible to have it removed??

Re: Car Repo - Help

Anonymous — Thu, 01 Nov 2007 01:15:19 GMT

You can find an attorney to go over your original contract and look for a "loop hole" and go from there.

If there is no loop hole then you can try to talk with the finance compnay and get them in your good graces and try to resolve the matter through them.

It will be hard (not impossible) because a crime was involved.

Re: Car Repo - Help

Anonymous — Thu, 01 Nov 2007 01:16:46 GMT

Thanks to all for your prompt feedback!!!!!!!

Re: Car Repo - Help

Anonymous — Sat, 03 Nov 2007 13:37:47 GMT

If you can't find a loophole you need to bargain with them to remove the repo from your credit in return for their $3000. No way do you want to pay them without a written guarantee they will delete. I'm guessing you will have to ask them nicely at least 3 times before they agree though.

Re: Car Repo - Help

haulingthescoreup — Sat, 03 Nov 2007 13:43:11 GMT

@Anonymous wrote:
If you can't find a loophole you need to bargain with them to remove the repo from your credit in return for their $3000. No way do you want to pay them without a written guarantee they will delete. I'm guessing you will have to ask them nicely at least 3 times before they agree though.

Geneva, if you do this (it's called a PFD), you'll want to get their response in writing, signed by someone with authority, etc. Type PFD letter in the search box at the top left to get an idea how it should look. And like rhinocl said, it will probably take multiple attempts.

But get some legal advice, as everyone has said. If there is a law school in your area, they may have a Legal Aid program that night be willing to help. good luck!

Re: Car Repo - Help

Anonymous — Sun, 04 Nov 2007 00:05:25 GMT

It occurred to me that if your father was driving your car without your permission when he was arrested that it might change the situation. No idea where the burden of proof would be even if this applies.