Within the past week, a man showed up on my doorstep, produced a faky
looking badge and said I'm here to repossess your vehicle, apparently you
have not been paying on the loan.
First I was shocked, then I became angry. I am two months away from paying
off the loan. In fact I have been paying ahead of schedule because I could
see light at the end of the tunnel.
After talking to the driver who talked to his boss via radio, they backed
off.
The next day, after checking with my bank, my latest check to Wells Fargo
Financial had indeed cleared the bank and was paid out.
Now I'm furious.
I finally get in touch with someone within Wells Fargo Financial, explained
my story and offered to email a copy of the check.
The person then said the tow order would be rescinded, and offered an
apology. This person then admitted that Wells Fargo Financial recently
changed their computer database and acknowledged there were many problems.
My questions
1) Has anyone else been effected similarly?
2) Is there merit to take action in court?
3) If Wells Fargo Financial recognized flaws in their system don't they
have an obligation to fix the internal problems before taking people's
posessions?
4) When someone appears at your door and says they want to take repossesion
of your item, aren't they required to show some sort of court order or other
legal document?
An attorney was consulted with, however the attorney said merely suffering
embarrassment is not grounds for collecting damages.
I say bury Wells Fargo Financial - Spread the word!
Too bad they didn't take the car, you could have gotten them for felony auto
theft.
> The next day, after checking with my bank, my latest check to Wells Fargo
> Financial had indeed cleared the bank and was paid out.
>
> My questions
>
> 1) Has anyone else been effected similarly?
No, because first of all, I buy from the dealer, not a third party loan company,
second, I don't answer the door if I am not expecting anyone, third, the car is
always locked in the garage.
> 2) Is there merit to take action in court?
A lady sued McDonalds because she spilled coffee on herself and was awarded
Millions of dollars by the US court system. Nothing is too ridiculous for
the US court system, in fact the more ridiculous, the more money you will be
awarded. Actually, your case may be too credible, so you would not win
anything.
> 3) If Wells Fargo Financial recognized flaws in their system don't they
> have an obligation to fix the internal problems before taking people's
> posessions?
Who has more money, you or them? He with the most money always wins and is
protected by the government. Can you afford a better lawyer than the lawyers
they have? If not, forget about it.
> 4) When someone appears at your door and says they want to take repossesion
> of your item, aren't they required to show some sort of court order or other
> legal document?
They can't say anything, because you should never be answering the door if you
are not expecting anyone.
> An attorney was consulted with, however the attorney said merely suffering
> embarrassment is not grounds for collecting damages.
But spilling coffee on yourself then suing the restaurant that sold it to you IS
grounds. This lawyer needs to watch the news or read a newspaper. Or go
back to reality school.
> I say bury Wells Fargo Financial - Spread the word!
Why anyone would go through some bizarre third party loan company like this is
something I would never do in the first place. Then, answering the door to
any solicitor or reposseser that rings the bell is beyond common sense.
> 4) When someone appears at your door and says they want to take repossesion
> of your item, aren't they required to show some sort of court order or other
> legal document?
Every repo guy I ever knew never knocked on a door. They get in the
vehicle, start it up and drive away. They also just hook it or winch it
and drive away.
To have personal property that is owned free and clear touched by anyone
it would be sheriff's or another branch of the police.
The whole original post is fucked up and is a troll.
I got a phone call from my car loan company once telling me I was behind in
my payments. After they demanded that I pay the wrong amount immediately
I asked if they were sure they were talking about John Nelson with the GMC?
There was a pause, and then they asked if I lived in Aurora... I said no,
they said "Oh, sorry".
--
John Nelson
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You can't steal a car from yourself. The BANK owns the car until it is paid
off. In this case, that would be until after the final two payments have
been made. A repo person would be acting as an agent of the car's
WNER. -Dave
Incorrect. In all states I am aware of, even though you owe money on the
car, you are still the owner. The lender merely has a lien.
Regardless, if the lender has a good-faith belief that it is still owed
money, even if that belief is wrong, there would not be a criminal offense
in an otherwise unlawful repossession.
--
Brett
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The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
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