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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I called the bank that has the loan in my car to volunteer

Customer Question

I called the bank that has the loan in my car to volunteer give up car. I spoke to workout team was promised a car pick up in 72hours it is now passed that. I am disabled and I told them this. Would they say an order was in and it's not. Will they pick up car what should I do
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hi, and welcome to JustAnswer, My name is ***** ***** I am one of the Attorneys here on JustAnswer,

I am sorry to hear of the problems that the bank is giving you regarding your car loan. I am equally sorry to say that banks and other lenders are notorious for not standing by what they say, or keeping their word to their customers. Thy are equally notorious for misrepresenting issues that were discussed on the telephone. Whenever I have any discussions or conversations with any bank personnel, I always ask them to confirm our conversation in writing and if I do not receive their letter within 2 days of our discussion, I initiate the letter confirming the basics of what we discussed and end the letter with the following statement -

"If this is not your understanding of what we discussed, then kindly let me know in writing, otherwise I will assume that my understanding of our agreement is accurate and correct".

This statement puts the onus on the bank to inform me that this was not what they agreed to do and this prevents them from coming forward at a later date and denying that this was the understanding we had.

If you can remember the name of the bank employee with whom you spoke and who told you that they would have someone pick up the car, then I would strongly urge you to write the letter I referred to above to that individual. If you cannot remember the individual's name, then write a letter to the supervisor of the workout team and tell him what happened. You can start off the letter with a statement like the following -

your work out department

"On December ___, 2015, I spoke with Mr. _____ in Department (Or, "I spoke to a bank employee in the Loan Workout Department), at which time, I agreed to voluntarily surrender my vehicle to the bank. The bank employee assured me that he would have someone come to pick up the vehicle on December ____, 2015. Four days have elapsed since the date that your employee was to come and pick up the vehicle, but nobody has come to pick up the vehicle, nor has the bank rescheduled the surrender date of my vehicle, or made any attempt to even contact me. I am at a loss and, at this point, I do not know what steps your bank intends to take, or what is expected of me. I am, therefore, kindly requesting your assistance in this matter so that it may be resolved as expeditiously as possible."

Very truly yours,

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I wish you very happy and safe holidays,

ANDREA