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legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13441
Experience:  Attorney-Business degree from The University of Texas
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My car was repossessed from my job by Bank of America (Whom ...

Customer Question

My car was repossessed from my job by Bank of America (Whom my loan was with_ on Friday the 4th, and I called first thing Monday and was told they hadn''t recieved any paperwork yet and to call back the next day. I called every day and was told they were still waiting for the paperwork. Today on Thursday when I called I was told they in fact did NOT reposess my car and to report it stolen. I called the police department and was told that my car WAS reposessed and they gave me the company name and number. I called Bank of America back and was told I had to call the tow company to find out who had taken my car. In doing so the man at the company said "Who was the bank, Bank of America?" to which I replied yes and was told they were lying to me and he had paperwork sitting in front of him on his computer from their tow company. Bank of America is still telling me they know nothing. What do I do? Do I have to pay storage for all this time?
Submitted: 9 years ago.
Category: Legal
Expert:  legaleagle replied 9 years ago.

If you have paid you should go to the bank get a statement showing you are current and ask to speak to a loan officer or manager and give them information from the tow company and get them to call and get the vehicle released. You will have to pay to have it released so the sooner the cheaper. By statue once you have paid up you are entitled to take possession again (see bolded).

"If the holder of such contract does not give the notice of intention to retake, described in subsection (b), he shall retain such goods for fifteen days after the retaking within the state in which they were located when retaken. During such period the retail buyer, upon payment or tender of the unaccelerated amount due under such contract at the time of retaking and interest, or upon performance or tender of performance of such other condition as may be named in such contract as precedent to the retail buyer's continued possession of such goods, or upon performance or tender of performance of any other promise for the breach of which such goods were retaken, and upon payment of the actual and reasonable expenses of any retaking and storing, may redeem such goods and become entitled to take possession of the same and to continue in the performance of such contract as if no default had occurred." Conn. Gen. Stat. § 36a-785(c) (2003).

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Customer: replied 9 years ago.
Reply to Shelley's Post: Do I have any rights in this situation? The bank gave me the run-around for a week saying they didn't know where the car was and after a week told me to report it stolen, then I did and the police told me it was reposessed? Isn't that a little unprofessional to not even know where the car was? So now I have to pay over a week's worth of storage because they aren't running their end of the operation correctly? They also refused to call the tow company for me because they said they "didn't know who they were" and I called them myself and the man there told me they were lying to me and he had paperwork directly from the bank regarding my car and account. So basically I was lied to?
Expert:  legaleagle replied 9 years ago.
Yes you could sue them in small claims court for their failure to comply with the repossesion statutes by inhibiting your right of repossession thereby causing you to incure a larger debt to get your car from the inpound lot.