Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Posted: 3/25/2002 9:15:03 PM EDT
Howdy all, I'll get to the point. Paid off the new truck in early December when we refi'd our first. Last week we got a letter from a collection agency saying they were going to repo the truck if we didn't pay them $1600 in late finance fee's accumulated *since* December. But we have the canceled check that paid off the entire debit in mid December. They don't care. They say they want the $1600 or else. Logic has no effect on these people. We've talked to them. Our bank has talked to them. Zip. We do not owe them the freaking money! Ideas, PLEASE. Thanks
Link Posted: 3/25/2002 9:23:42 PM EDT
You must go to court and get an injunction against them and get a restraining order as well while you are at it. If you have all the proof that you say you have you should have no trouble getting a judge to agree with you and issue the orders. Then you have them served and when they violate it you sue them for big bucks in damages. Anyway, that's what I would do. HTH
Link Posted: 3/25/2002 9:29:29 PM EDT
id also recommend notifying your local police department. at least they will know what is going on. also agree about injunction. I hear judges get pretty pissed when their orders are not followed.
Link Posted: 3/25/2002 9:33:46 PM EDT
Show'em your title.
Link Posted: 3/25/2002 9:34:27 PM EDT
Show'em your clear title.
Link Posted: 3/25/2002 9:46:55 PM EDT
A friend just went through this with a Dodge Neon. He had a $40 service charge in dispute with SouthTrust bank, but was still able to get them to clear the title when he finished the payments. 120 (or was it 180?) days later, they sent someone to get the car. He ended-up paying almost $500 in fees (for the tow and for storage) to get the car back, and the tow driver ripped the front bumper cover off. He also never got back the items that were in the car when the bank had it taken, including an expensive car seat and stroller. When the local towing company had his car in storage, the local police said there was nothing they could do. I called in a favor with a local magistrate, and he said the bank was within their rights to take the car over a disputed charge, even though it was owned free and clear. He also said that no matter what happened, taking the car could not be criminal act by the bank. It's civil. Astrogoth, I suggest hiding the car if you think they're going to come for it. Got a garage? In some states, they can legally break into the garage to get the car. Make it disappear. Trade cars with a friend or relative that has a garage. If you think their demand for $1600 is too strong to ignore now, wait until they have your car. Also, take everything of value out of it. Finally, contact your insurance company about this problem. My friend had his policy dropped without warning when his car was taken. He drove around for almost three months later without insurance coverage without knowing it. Thankfully, he wasn't in an accident.z
Link Posted: 3/25/2002 9:54:36 PM EDT
Originally Posted By zoom: A friend just went through this with a Dodge Neon. He had a $40 service charge in dispute with SouthTrust bank, but was still able to get them to clear the title when he finished the payments. 120 (or was it 180?) days later, they sent someone to get the car. He ended-up paying almost $500 in fees (for the tow and for storage) to get the car back, and the tow driver ripped the front bumper cover off. He also never got back the items that were in the car when the bank had it taken, including an expensive car seat and stroller. When the local towing company had his car in storage, the local police said there was nothing they could do. I called in a favor with a local magistrate, and he said the bank was within their rights to take the car over a disputed charge, even though it was owned free and clear. He also said that no matter what happened, taking the car could not be criminal act by the bank. It's civil. Astrogoth, I suggest hiding the car if you think they're going to come for it. Got a garage? In some states, they can legally break into the garage to get the car. Make it disappear. Trade cars with a friend or relative that has a garage. If you think their demand for $1600 is too strong to ignore now, wait until they have your car. Also, take everything of value out of it. Finally, contact your insurance company about this problem. My friend had his policy dropped without warning when his car was taken. He drove around for almost three months later without insurance coverage without knowing it. Thankfully, he wasn't in an accident.z
View Quote
This is why you get an injunction NOW!
Link Posted: 3/25/2002 10:08:21 PM EDT
[Last Edit: 3/25/2002 10:10:27 PM EDT by Lord_Grey_Boots]
Who is the collection agency? Got a company name, contact name, phone number? Who does the collection say they are acting for? The bank? Do you have the statement from the bank that shows a zero balance?
Link Posted: 3/25/2002 10:43:19 PM EDT
zoom
View Quote
And people wonder why bankers are among the most hated people in history. Injunction, restraining order. The South Africans make this neat flamethrower thingy that prevents car theft.
Link Posted: 3/25/2002 11:03:20 PM EDT
62gr at 3000fps.
Link Posted: 3/25/2002 11:08:11 PM EDT
Originally Posted By Imbroglio: 62gr at 3000fps.
View Quote
Promoting violence now? Hmmm
Link Posted: 3/25/2002 11:29:53 PM EDT
Originally Posted By 1GUNRUNNER:
Originally Posted By Imbroglio: 62gr at 3000fps.
View Quote
Promoting violence now? Hmmm
View Quote
I thought this was the reloading forum.
Link Posted: 3/26/2002 1:29:47 AM EDT
LMAO @ Imbroglio Sorry, couldn't contain my laughter
Link Posted: 3/26/2002 1:54:17 AM EDT
Yes, you can't even talk to these aHoles! Don't even try it.
Link Posted: 3/26/2002 4:08:39 AM EDT
[Last Edit: 3/26/2002 4:14:06 AM EDT by Aimless]
Link Posted: 3/26/2002 4:47:53 AM EDT
[Last Edit: 3/26/2002 4:52:40 AM EDT by toast]
Finally a topic in my realm of knowledge. Being a debt collector (commercial, not retail), there are a few things you can do. First get on the phone to the bank. Tell them the situation. They can "call the dogs off." Do it now! Call the collection agency and find out who the contact at the bank is. This will be the person who needs to understand that your vehicle is paid off. Speak politely, but forcefully. Nice language will get you far in these situations. Get the injunction and restraining order if you can't get this resolved within a couple of days. Get everything in writing from the bank with signatures, so no one can wriggle out of this in case something bad happens later. In our agency if someone produces documentation such as a title or a signed, paid statement, we always verify with the client if the docs are valid. You'd be surprised how many creditors are truly overworked/underpaid and provide poor information to the collection agencies. Again we do commercial collection (company A owes company B) but all retail accounts must follow the FDCPA as stated in earlier posts. After the 30 day window from the letter, the agency can and will usually start to call. They must give you the mini-Miranda (this is a call from a debt collector and any and all information collected will be used to satisfy a debt). If they don't, they can be held liable by the FDCPA. They may also not threaten you or curse at you. They may inform you of the "consequences", but cannot say anything that the client will not actually do. This being said, write your dispute to the collection agency and provide a clear copy of the title as well as a clear copy of the front and back of the cancelled check and they will likely close their file. Any questions, drop me a line. toast
Link Posted: 3/26/2002 5:18:32 AM EDT
Toast is correct. Send them a "cease and desist" letter and send it certified mail so you have proof. Download a copy of the FDCPA ([url]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm[/url] that they HAVE to follow. Remind them that they could be liable for treble (triple) damages if they are found to not have followed it. Collection agencies derive their strength from a person's ignorance of the law and once you quote a few passages from the FDCPA they usually back off - for a time. You should have received a satisfaction of lien from whomever held the title as collateral for the loan and by now you should have also received clear title to the truck from the bank. I take it that you do not have these documents. Something does not sound right with the bank however. As a former collection employee for a bank I know a few things about this. One, the collection "agency" is just that - an agent for the bank. They cannot repossess the bank's collateral without a signed order from them. You need to speak to the head of the consumer loan department. Unfortunately, without a satisfaction of lien you have little legal ground to stand on and may in fact owe the money.
Link Posted: 3/26/2002 6:08:14 AM EDT
It's a scam to extort money from you....contact proper authority, you did right by contacting your bank. My wife had the same thing, some bogus insurance company claim that we owe them back pay. We never sign anything or any document with them. We contacted our present insurance company and the credit bureau. There are lots of this thing happen lately.
Top Top