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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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repo a second time on a bmw

Customer Question

i owned a 2004 3 series car, leased by myself and my fiance, and it has been repo'd for a second time. it was once repo'd in november, 05, because 3 payments made by my ex, did not clear the bank, even though i gave the money to him to do so. he never deposited it, and the payments were rejected. i had been paying all along, the car was registered in my name, and yet, i was stupid enough to believe that he'd make those payments.

i found out that they werten't when bmw came to my house, after midniight, to take it. well..... i got it back in december, after 38 long days of gathering approx. $ 4,000 to do so.

fast forward......then rewind.............. first of all, in 2005, my car was in the shop with the dealer, and my nephew died in the the dealers kept the car, until their insurance co. paid them for their loss, because the car [loaner] was held by nypd as evidence, and therefore, they couldn't use it. meanwhile, i couldn't get my car out of shop- they wouldn't release it to me. while it was in bmw shop, the insurance expired...........the car went in in march.......came out, finally, in repo'd in november. anyway, once i found out the insurance had lapsed, i submitted an 'fs-48' to nysdmv, to be approved.

i was told that everything would be fine. i got no word from dmv, so drove the car as usual.otherwise, there would have been a violation of the lease agreement, for an uninsured car on the road. dmv still had the car listed as suspended reg. because of insurance lapse, in january, when it was impounded by nassau cty pd, for that very reason.

now, approx. one to two weeks prior, the car was impounded by tbta[bridges ppl] and toweed away[ i had loaned it to a friend], but i went to the tow company with proper paperwork and the car was released. i thought it was just a glitch, a freak mistake, and so resumed normal driving. after all, after i retrieved the car in august, by sept. , i had re-insured the car. the dealer neglected to fill out the form[fs-48] properly, and the lapse was never excused. i didnt know that. it was my third day at dmv that alerted me to that. so, i contacted dmv, and bmw, and began the process again. i thought that ordeal was over, already.

when nassau cty impounded the car, 1-2 weeks later, the 2nd time-just got car back from repo- they wouldnt release it to me because it was a leased vehicle, and they said, since my registration receipt mysteriously disappeared, they needed something from either dmv, or bmw leinholders to authorize its release to me.

i was now one month behind in my payments- i owed for december[due on the 30th], and jan payment was coming up soon. this was jan. 17, 2006, at that time. i eventually called bmw north america, and told them my ordeal, and they were not sympathetic at all. well, at first, one agent told me that the police was going to release the car only to them, not me, and then he said that if i were to get there first, i could get car back. then, i was told that i couldnt get it back, at all, unless i buy it out now, since i had already reinstated the lease in december.

i was appalled, because i only owed one month's payment, and the insurance fiasco was being coverer, and besides the car was indeed insured at the time of impound. i submitted proof to that affect. my issues are that, they kept the car again, with out allowing me the opportunity to get my personal belongings out of car, and they changed their tumes with respect to the retrieval of car.

they told me that i had been behind on my payments by one or two months before, and they looked at my credit report, and decided that they would not return car to me this time. what do i do now?

i did say that there was a co-lessee, and he WAS my fiance, an attorney, and an owner of bmw's for at least 20 yyears, as well as atty for the dealership at one point- the owner of the dealership, i might add. he could have done something to avoid this happening, but he and i were on the outs then anyway. i couldnt really expect him to help. but they went on my credit report alone when he, an atty, had excellent credit, especially with bmw, and that dealership, from which my car was leased, in 2004.

now, bmw said the car has been sold and is in washington state. i still never got my things from the car, either. what do i do now? can they do that, just like that? please help me out with this one. the plot thickens further.
Submitted: 11 years ago.
Category: Legal
Customer: replied 11 years ago.
Relist: I still need help.
this issue is a complex one, but i am sure that is is equally simple, too. do i seek legal advice, or go a step further, actually initiate some legal action in this situation?

my ex and i are not on very good speaking terms, i don't trust him, either. he said that bmw never contacted him, in this ,and he also said, pretty much, that he doesn't care about what happened to this,'our', car.i don't believe that financial services never tried to contact him , because when i did attempt to communicate with them in reference to my things, in the car, they called him for my new phone number, which had recently changed.i had van attorney write a letter to financial services requesting that they contact me, in regards to this issue, and, if nothing else, to address the issue of my retrieving my belongings from the car. i did have some valuables in the car, at the time it was taken from the nassau county police dep't's impound, and then repo'd again.

if they called him then, i am certain that they contacted him, before or at least while they were contemplating repo, for the final time. what do you make of this scenario? please tell me something because time is of the essence. i can't wait too much longer, before taking action. what do i do?

Edited by Customer on 5/26/2006 at 10:23 PM
Customer: replied 11 years ago.
Relist: No answer yet.