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xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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what can be done with a charged off vehicle that the lien holder

Customer Question

what can be done with a charged off vehicle that the lien holder will not pick up.
Submitted: 1 year ago.
Category: Legal
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com It will be my pleasure to assist you today.

Who is the lien holder (lender)?

What state are you in?

Thanks
Customer: replied 1 year ago.

lien holder is HSBC bank . the motorcycle is in arkansas and i am in texas. my bankcruptcy was discharged in november of 2011. the lienholder was supposed to get it back but never came to get it.

Expert:  xavierjd replied 1 year ago.
Hello,

I am finishing up with another customer. Then there are a few things that I want to look up for you. I will be back with an answer for you asap.

Thanks for your patience.
Expert:  xavierjd replied 1 year ago.
Hi,

I am SO sorry for the delay. I assure you, it was unavoidable.

Does HSBC know that the motorcycle is in Arkansas, and the exact location of the motorcycle?

Thanks
Customer: replied 1 year ago.


yes they do. i tried to get them to get it several times.

Expert:  xavierjd replied 1 year ago.
Hi,

You may wish to write a letter to the legal department of HSBC. You may wish to indicate the following:

1. You filed bankruptcy on xxx date and included the motorcycle in the bankruptcy. (Attach a copy of your bankruptcy petition that shows that you included the motorcycle loan as part of your bankruptcy.)

2. You received a discharge in 2011. Attach a copy of the discharge.

3. Pursuant to the bankruptcy, HSBC was able to repossess the vehicle and take appropriate action to ensure that the repossession was carried out.

4. You have notified HSBC on several occasions that the motorcycle is located at (supply the address of the place where the motorcycle is being stored). Also, if you have the dates that you have contacted HSBC and/or the names of the persons who you spoke with, you should include that information as well.

5. HSBC has, to date, failed to repossess the vehicle and it remains on the property as noted above.

6. If it is on private property, you can indicate that the owner of the property will no longer allow the motorcycle to be stored on the property. Therefore, if HSBC does not remove the motorcycle from the property, the owner of the property (if it is you, or if not, then name the owner) intends to call the police and have the property removed as abandoned property.

7. As the motorcycle was discharged in your bankruptcy, you may wish to indicate that HSBC is responsible for any storage fees incurred as a result of the removal of the motorcycle by the police department.

8. You may wish to indicate that if you do not receive a response within 14 days of the receipt of your letter, you will assume that HSBC has no interest in repossessing the motorcycle. As such, you may wish to indicate that you will tell the owner of the property where the motorcycle is located to take whatever action s/he deems necessary to have the vehicle removed.

9. You may wish to indicate that you look forward to HSBC's response to your letter.

Finally, if you choose to write a letter to HSBC, you should send it certified mail, return receipt requested. That way, you will have proof that you tried to work with HSBC. Also, keep a copy for yourself.

This may be a "creative way" to resolve the matter. But, you may also wish to contact an bankruptcy attorney in your area to discuss the specific facts of your case, evaluate your options and decide how to proceed.

Below is a link to the Texas State Bar Attorney Referral Page. An initial consultation may be free or at a minimal charge. It may be worth your time and a small fee (if it is charged) to do so.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

http://www.texasbar.com/Content/NavigationMenu/ForThePublic/DoYouNeedaLawyer/Certified_Lawyer_Referral_Services/default.htm
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
xavierjd and 8 other Legal Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi,

Hi!

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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