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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116710
Experience:  Attorney experienced in commercial litigation.
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We've been customers with Drive Time 6 yrs. we paid off

Customer Question

We've been customers with Drive Time for about 6 yrs. we paid off one car with perfect credit and traded for a smaller car. Again we had perfect credit going into the third year. Last November the car was involved in a one vehicle accident. Our portion of the deductible was $578. We asked Drive Time for a deferment of December and January payments. This is not an unusual request as Drive Time does this for good customers with a good reason for asking. We were told to fax the car repair receipts and bank account records to Michael. After a few days we called and spoke to Rob Culber who told us the fax was not received. I have the confirmation that it was. He told us to fax it again to him directly. We did. He told us to pick up our payments as usual in February. On my way back from Walmart, a Drive Time payment center I received a text from Drive Time reminding me to keep our agreement and later that day a text thanking us for our payment. In March the payment was again paid on time with a text thanking us yet again. On Or about March 17, I went to run some errands and found the car missing. We called Drive Time who kinda talked in circles and made no sense at all. They took the car in the middle of the day and took all our personal belongings, prescription eyeglasses and sunglasses, car chargers, my mothers handicap card, my support animals seatbelt, and other things. They drove the car to Statesville, a couple of hours away and auctioned it off immediately. They sent us a bill for $8700. I called them and layed out our story to which they immediatly sent me a settlement offer stating they would forgive the $8700 if I signed and returned it within 48 hours, obeyed the gag order and agreed to never do business with them again and they would not put it on our credit report. I didn't sign it. I mean we walk away with nothing and they get the car, all we paid for it and the money they received from auctioning it off. When I spoke the last time with a man named Patrick, he gave a slight chuckle and said "It just never got processed. " I mean is that their defense? They didn't do their job? To put the icing on the cake, when this first happened I went on Carmax and applied for credit and was approved for $15,000 with &1500 down. It took three months of suffering and spending money on taxis and paying neighbors for rides to the store etc. when I saved the down payment I went to Carmax. They ran our credit and since Drive Time put it on our reports our down payment jumped to $8000!!! We had to go to one of those buy here pay here places where we only had 3 cars to choose from. I'm sorry its taken almost a year to pursue this but I have spent 5-10 days in the hospital every month since last November with bilateral plural effusion. My lungs kept filling up with fluid and I couldn't breathe, I was drowning. I've now had surgery on each lung three weeks apart. This mechanical pleuidesis has a 3 month recovery time. Is it to late to pursue action against Drive Time and, with all our paperwork, bank statements showing payments made on time, countless texts each month thanking us for our payments and their settlement letter are we due our money back paid on the car, money to compensate us for having to find and pay for rides, missing Doctors appointments when I've been seriously ill, and punitive damages, well just because they deserve a spanking for hurting us instead of owning up to their mistake and fixing it. Sincerely, ***** ***** xxx-xxx-xxxx

Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they were negligent in processing the payments, they are liable for all damages they caused you by not processing the payments and improperly taking your car. So you actually have grounds to sue them for their negligent repossession and seek damages for all of the costs you incurred as a result. You can file this in small claims court against them without an attorney if you choose or you can get a local consumer protection attorney to sue them for the damages in the superior court. That is your choice.

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