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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
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Experience:  B.A.; M.B.A.; J.D.
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what legal rights do I have to protect myself from my car being

Customer Question

what legal rights do I have to protect myself from my car being repoed
Submitted: 4 years ago.
Category: Legal
Expert:  Phillips Esq. replied 4 years ago.
Could you be more specific?

Could you explain a little more?
Customer: replied 4 years ago.

I had gotten behind in my payments and had arrangements made with the bank, they let me pay one month interest only and one full month to get it current. Then I got a phone call and she said they didn't add charges on for something, I don't remember now what it was for, but I paid it with my credit card on the phone. I got one month behind and sent the payment. And today they came got my car. I had no way of getting ahold of anyone at the bank to get any resolutions made about the payment because its Sunday. Now they have my car and will charge me a bunch of fees to get it back. I had no notice, mail or otherwise stating that the car was being taken back.

What legal rights do I have to protect myself from the fees that are going to go with trying to get my car back.

Expert:  Phillips Esq. replied 4 years ago.
Thank you for the additional information.

Your concerns: I had gotten behind in my payments and had arrangements made with the bank, they let me pay one month interest only and one full month to get it current. Then I got a phone call and she said they didn't add charges on for something, I don't remember now what it was for, but I paid it with my credit card on the phone. I got one month behind and sent the payment. And today they came got my car. I had no way of getting ahold of anyone at the bank to get any resolutions made about the payment because its Sunday. Now they have my car and will charge me a bunch of fees to get it back. I had no notice, mail or otherwise stating that the car was being taken back.

What legal rights do I have to protect myself from the fees that are going to go with trying to get my car back.

 

Response: Unfortunately, the lender does not have to give you notice before it can repossess your car so long as the repossession was done without breach of peace. Once your car is repossessed the only way that you can get the car back is to pay the outstanding balance on the loan. See UCC-9-601 through 9-629. Once you get your car back, you can sue the lender for illegal charges.

 

http://www.clelaw.lib.oh.us/public/Misc/FAQs/Reposses.html

Customer: replied 4 years ago.

The car was in my garage and I wasn't home. My husband was here and the guy told him he had no choice but to back the car out of the garage or he would just spend the night in the driveway.

I am already paying 28% interest on this car, only because I went through identy theft and couldn't get credit because I had no credit. That car was bought 3 yrs ago at $10,000.00 and they say I owe $7000.00 on it. And to get a loan now to get it back is going to be almost impossible. How do I get around that, I don't have $7000.00! and I had just mailed the payment 2 days ago. Is it normal practice that they always repo on Sundays so you can't contact the bank?

Expert:  Phillips Esq. replied 4 years ago.

The car was in my garage and I wasn't home. My husband was here and the guy told him he had no choice but to back the car out of the garage or he would just spend the night in the driveway.

I am already paying 28% interest on this car, only because I went through identy theft and couldn't get credit because I had no credit. That car was bought 3 yrs ago at $10,000.00 and they say I owe $7000.00 on it. And to get a loan now to get it back is going to be almost impossible. How do I get around that, I don't have $7000.00! and I had just mailed the payment 2 days ago. Is it normal practice that they always repo on Sundays so you can't contact the bank?


Response: They can repo at any day that is convenient for them.

 

Unfortunately, there is no way to get around not paying for the full amount in order to get the car back. As stated previously, you can sue them for the illegal charges after you get your car back. The lender must give you notice of the sale of your car if you are not able to get it back.

 

The lender would most likely come after you for the deficiency after the sale of your car. However, you are under no obligation to take their word for it, to take the balance that you have been given at face value. You can and you should challenge the balance given to you by the lender ("creditor'). You have some defenses to the repossession. One of your defenses would be that the repossession was not done in a commercially reasonable manner. Your creditor would then have the burden to prove that all aspects of the sale were reasonable including the notice provided to you before the sale, the advertising made to the public, the timing of the sale of your vehicle and how the creditor ultimately got rid of your vehicle.


You also would have other defenses and counterclaims such as
(1) Was there even a valid security interests on the vehicle?
(2) Did you even default?
(3) Did the repossession breach the peace?
(4) Was your personal property in the car seized when the vehicle was repossessed?
(5) Were notices proper?
(6) Were you offered the required opportunity to cure the default or reinstate?
(7) Were the creditor's expenses of repossession reasonable?
((8) Was the deficiency correctly computed?
(9) Deception in original sale of vehicle.
(10) Defects in the vehicle's performance.
(11) The terms of the financing.
(12) The creditor's debt collection conduct.

 

Customer: replied 4 years ago.

By breaching the peace? are you referring to them telling Ron he had no choice but to back the car out of the garage?

The check engine light was on when I put it in the garage thats one main reason why I wasn't driving it.

What happens if it breaks down on them after they forced it out of the garage?

I wish I would have been here, there is no way they would have taken the car.

#1 the check engine light was on and it had been missing out, they said at the dealership that the fuel pump was most likely going out and to bring it in to be checked out!

Thats not going to happen now!

And I was 30 days late with the payment, but the payment was mailed, so what do I do about that? cancel the check?

Expert:  Phillips Esq. replied 4 years ago.

By breaching the peace? are you referring to them telling Ron he had no choice but to back the car out of the garage?

 

Response: No, I am referring to if they used force to get into the garage or got into confrontation with your husband. Since he was tricked into letting them have the car that does not qualify as breach of peace.


The check engine light was on when I put it in the garage thats one main reason why I wasn't driving it.

 

What happens if it breaks down on them after they forced it out of the garage?

 

Response 2: That is no longer your problem because the car has been repossessed.


I wish I would have been here, there is no way they would have taken the car.

#1 the check engine light was on and it had been missing out, they said at the dealership that the fuel pump was most likely going out and to bring it in to be checked out!

Thats not going to happen now!

And I was 30 days late with the payment, but the payment was mailed, so what do I do about that? cancel the check?

 

Response 3: Yes, you should cancel the check today as the car has been repossessed.

Customer: replied 4 years ago.

Can I get the cost of my new tires back and what do I do about the fuel pump going out?

I am not going to be held responsible for that! Can I use that as a bargaining chip to get it back?

Expert:  Phillips Esq. replied 4 years ago.
Your questions have now gone beyond your original post.

I see that you have not accepted any of my Answers. I am not obligated to continue to answer your follow-up questions if you have not accepted any of my Answers.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 12825
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 13 other Legal Specialists are ready to help you
Expert:  Phillips Esq. replied 4 years ago.

Can I get the cost of my new tires back and what do I do about the fuel pump going out?

 

Response 1: No, you cannot get the cost of new tires back--that is the cost of using the car. Again, the fuel pump is no longer your problem as you are no longer in possession of the car. The lender has taken back its collateral, the car.

 

I am not going to be held responsible for that!

 

Response 2: No you are not. See Response 1.

 

Can I use that as a bargaining chip to get it back?

 

Response 3: Unfortunately not.

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