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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I had hip surgery in August and only owed a partial payment

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I had hip surgery in August and only owed a partial payment to the loan company. They had tow company knock on my door on September 10th. I told the guy that I would pay by Friday and had actually made most of the payment through money gram the very next morning and the rest of the payment by Thursday evening. I was in contact with the tow company and loan agency each day. They moved my vehicle from one city which was close to me to the auto auction within 2 days. So, my first question is would it be breach of peace because I told the tow company about my surgery and it was my only means of transportation to get my granddaughter from school who is in the 4th grade? (2) Is it legal for them to move my vehicle so fast without notice? (3) They took my plates before taking the vehicle to auction and I never rec'd anything in writing.
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

My name is XXXXX XXXXX I will be assisting you with your legal questions.

Did you put your car up as collateral on the loan?

Do you have a copy of the loan agreement that you could either attach to your answer here or email me?

If you need to email me, please send an email toXXX@XXXXXX.XXX
to: Zachary re: http://www.justanswer.com/law/821zi-hip-surgery-august-owed-partial-payment.html?mode=qa
Customer: replied 1 year ago.

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


1-800-LoanMart


National Headquarter


XXXXX

Ste. 280


Encino, CA 91436


Acct. # XXXXX


Dear Manager/CEO:


 


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.


 


Sincerely,


 


 


Rita Roberson

Expert:  TexLaw replied 1 year ago.
Thank you for your response.

Based on this information I can provide you with the following answers:

1. Is it a breach of the peace?

A: No, this does not qualify as a breach of the peace. The fact that this vehicle was vital to your uses is not relevant to this question. A breach of the peace only occurs where there is actually some sort of physically violent act involved in the towing of the vehicle.

2. Is it legal for them to move my vehicle so fast without notice?

A: Yes, they have the right to seize the collateral upon default. You were technically in default because you did not make the payment on time.

3. They took my plates before taking the vehicle to auction and I never rec'd anything in writing.

A: They cannot sale the vehicle without giving you Notice. If they do sale the vehicle, then you should be provided with notice and offered a chance to redeem the amount due to prevent the sale.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
Zachary

Customer: replied 1 year ago.

What about the fact that they transferred my vehicle from one site to another after telling me that I could pick up the vehicle from the tow yard which was only 20 mins. away to the auction in two days without notification?

Expert:  TexLaw replied 1 year ago.
Under the law, they are allowed to move the collateral. There are no specific laws requiring where they may move it to except that their actions be "commercially reasonable."

Have they told you that you have to go to the auction house now to pick up the vehicle? Also, how far is it away from where you are?
Customer: replied 1 year ago.

Did you read the letter I submitted? I reinstated the loan in amatter of 2 days. They could have waited.

Expert:  TexLaw replied 1 year ago.
I'm sorry, I think I missed some very important information in your letter.

After reviewing it again, I do think that they failed to provide you with the required Notice and also acted commercially unreasonably in not giving you the plates when you went to pick up the vehicle. I believe you could sue the repossessor in small claims court for your damages ($100 taxi fee and related costs) and a penalty of $500.00.

TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you. I will begin there.

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