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Ronald Frederick
Ronald Frederick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 122
Experience:  14 years of consumer protection exp. in Ohio, individual and class actions in Ohio and out of Ohio
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My car was repossessed directly from my driveway against, a

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My car was repossessed directly from my driveway against, a my will, and without notice. The letter from the bank notifying me of default and giving me 21 days to cure was sent to me after we already got the car back. I understand that it should have been sent beforehand?
Submitted: 6 years ago.
Category: Consumer Protection Law
Expert:  Ronald Frederick replied 6 years ago.

When you say against my will, do you mean you were present? Did the letter to cure state the same amount to get it back as you paid to the lender?

 

Also, what specifically do you want to know?

Customer: replied 6 years ago.
Hello, Just wondering if you got myprevious reply?
Customer: replied 6 years ago.
Hello,
Yes I was present and strongly objected the taking of my car. The
driver refused to provide any paperwork, to show his drivers license
and immediately drove away (with my car) after I called the police.
Yes, the letter demands the same money plus the promised late fee.
It cost me a lot of money, time and unnecessary aggravation to get the
car back. Plus 4 days of work. 3 of which after all the demands were
satisfied, just because they made it impossible to reach the tow
company. For obvious reasons they keep their information and location
secret.
So if possible I would like all the extra money back, and my lost
wages. If not, I would be happy to cause them trouble if possible.
I did track them down and know their "secret lair".

Irina
Expert:  Ronald Frederick replied 6 years ago.

When you say you were present and strongly objected, explain exactly how the guy wound up with the car.

 

Were you in it, behind it, did they enter your locked or unlocked garage? Give me as much detail as you can? Did they threaten you?

 

 

Customer: replied 6 years ago.
Hello,
The car was in my driveway. The driver came with the tow truck and hooked it up. I saw him doing it and came out to confront, and at this time my husband
entered the car and stayed inside to make sure that the driver does not take it away.
The driver threatened us that if my husband stays in the car any longer he will make sure that the bank will demand payment in full and not just the 2 late payments. So I called the police, and the moment my husband got out of the car the driver drove away.
Expert:  Ronald Frederick replied 6 years ago.

It is too bad your husband did not stay in the car until the police came. Based upon your description, there was a breach of the peace. Accordingly, you could bring a suit for damages and for a violation of the Fair Debt Collection Practices Act.

 

I would suggest that you find a good consumer protection lawyer. You should probably start by doing a search at http://www.naca.net/ look under Mass. lawyers and then limit the search to repossession.

 

Someone there should be able to help you and should speak to you at no charge. You should feel free to mention my advice.

 

 

I hope this helps.

 

Ron

 

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Ronald Frederick, Lawyer
Satisfied Customers: 122
Experience: 14 years of consumer protection exp. in Ohio, individual and class actions in Ohio and out of Ohio
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Ronald Frederick
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14 years of consumer protection exp. in Ohio, individual and class actions in Ohio and out of Ohio