Yes I did use it for collateral. I don't have a copy of the contract in front of me. but I am attaching the letter of complaint that I sent to them.
September 30, 2013
Encino, CA 91436
Acct. # XXXXX
I wish to file a complaint against your repo department. I had a loan with your company before I refinanced to add to the loan. If you look at my prior record, I always tried to pay more than what was due on my loan. I went into the hospital to have hip revision surgery on August 19, 2013. At which time I owed a partial payment of approximately $350.00. On September 10, 2013, there was a knock at my door by a Marc from New Era Recovery. I asked him to let me call the company. He said that he couldn’t do anything. I know that he could have. I proceeded to tell him that I would have the entire amount paid by Friday because I was on disability. If you check the records, once again I kept my word. Marc proceeded to tell me that there was nothing that he could do, but before he came to my door, he had already hooked my car to his truck. It was not like the car was being hidden. I had a hip replacement. The other payment was due that day. They took my car anyway.
I know that the payments were due and am not disputing that. Each time I made a promise to pay, I followed through. What they did to me next was reprehensible. I did collection work for years for credit unions and banks. I went to small claims court to recover funds and filed writ of executions. I spoke with Vanessa in the repo department first on September 10, 2013 and then Jennifer at New Era Recovery. Both of the individuals were insensitive and talked to me like I had a tail. They didn’t want to listen to anything. I was and I am still a good customer who has kept her word until the end. After my vehicle was repossessed, I was given a complete run around. I talked to Jim at New Era Recovery on Thursday, September 12th and let him know that I would be picking up my vehicle by Friday. He told me to just call ahead of time so that they could have the paperwork ready. I did just that only to be informed that they no longer had the vehicle. I was never informed by anyone that I needed an appointment to pick up the vehicle. I went to the Walnut Creek Police Department to get a police release and found that it was not reported as being repossessed. As a matter of fact, they didn’t even have a record of it. My daughter was able to get most of my things out of the car. I left a few items. One of which was a padlock with the key still in it and a box of uniball pens in the middle console.
I was told that I would be picking up my vehicle from New Era Recovery in Martinez, CA. When I called New Era on Friday, September 13th to let them know that I was picking up my vehicle, I was informed that they had transported it to the North Bay Auto Auction in Fairfield, CA. I had already informed them that I had hip replacement surgery and could barely walk. This was done intentionally and will malice towards me. I was trying to explain the situation and because I sounded irate, because I felt that because I have always paid on time, I would be afforded a little time to redeem myself. So, on Friday the 13th, I had to catch a cab all the way to Fairfield to pick up my vehicle which cost me $100.00. I wasn’t going to be able to pick the vehicle up until Monday, September 16th because once again I was told that I needed an appointment. But I spoke with a nice young lady by the name of Maria at the auction and she squeezed me in. When I finally had possession of my vehicle, my license plates were missing. I work for the DMV. I have disabled plates. I know that the plates are not to be removed until the vehicle is being auctioned off. I had to drive all the way home with no plates. I had to go to my job to get new plates. I was told by the recovery agency to come pick up my plates if I wanted them after I called to inquire about them. New Era Recovery had removed them before transporting the vehicle to the auction. Now all of this happened within 3 days. I have never seen in all of my years of doing collections and repossessions where we moved that fast to sell a person’s vehicle without giving them time to recover it. I have never seen where it was sent to the auction without being notified by the company of its intent or what was necessary to recover the vehicle. I did not receive a Notice of Intent to Sell. It was not like they had my vehicle for a long period of time. My vehicle was moved around so quickly. Also, the recovery agency pulled everything out of the middle console and threw it all of the seats and the floor before transporting it.
To this day, I have not received a Notice of Repossession, Notice of Intent to Sell, a letter stating the break-down of the fees that I paid, nor have I received the letter to show what I had to pay to recover my vehicle. I was not given a time in which I had to recover my vehicle. As far as I am concerned, this was a wrongful repossession. I want something done about this or I will be filing an action with Small Claims Court.
I can be reached at (XXX) XXX-XXXX.