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Can a car be repossessed if they payment is not due?
12th August 2010
Strange question I know. So my mom is going through Credit Acceptance Center (shivvers) for a car. Back in March she got sick and missed some work, she was also trying to save up to move to a cheaper area in June. To help out I called Credit Acceptance Center on March 19th and told them I would like to pay 70.11 (3.37 x 3) to cover March, April and May’s payments. The rep said sure thing and took my money. April comes around and they try to pull 3.37 out of my mom’s bank account for April’s payment. That caused the bank to charge 2 NSF fees. I call Credit Acceptance, explain the situation and have them call the bank and ask if they will reverse the fees due to Credit Acceptance Centers mistake. They did. So, my mom works as a cook on a tug boat. She asked me to watch her car and her dog this month while she is on the boat. Both are in my yard. I go to feed the dog and hear her barking, they are towing the car.
I call customer service and verify the payments all processed. They are now saying they don’t do advance payments, despite the first rep I spoke to in March saying "Sure thing" and the second apologizing to the bank for their mistake and assuring me that they next payment would be due June 14th.
So is this legal for them to repossess the car? If not then can I call the police to report the car stolen and actually get Credit Acceptance Center into hot water?
Yes they deducted it all on March 19th. All ,270.11.
Oh I also paid her insurance up for 6 months to make sure that was good.
I called their customer service again tonight and they are saying the payment was due on May 13th. But they also see where I paid the ,270.11 in march and that the customer service rep at that time set the next auto pay for June 14th (the next payment date)
So I can’t talk to the repo department until tomorrow. In the mean time am I go for calling the cops?
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If there is one thing companies hate is the media giving bad press over snafu’s (OMG!!! Spell check actually excepts snafu as a word!!! LOL). The media also has a lot of power on getting results. I think this would be your best bet for a course of action. Hopefully the media will get results. But the unfortunate fact of the matter is, is that they most likely took the money as extra payments in the assumption that money would still be owing for each of said months. Credit card companies do the same… you can put down extra money beyond the minimum payment and even extra payments within a month, but when that bill comes, you still owe money.
It is for this reason that I say go to the media… the company does (unfortunately) have the right to toe it. However… they screwed up in informing you properly of their business policies. They screwed up, but because they are a business, they try to pass the blame on you. Welcome to Corporate America, where they always screw the customer. Some company tried to bill my parents an extra month because my parents waited out the end of their contract to cancel subscription. Yeah… their contract ran out, and because they didn’t want the services any more… there was a "One month mandatory cancellation fee." My dad fought it and after 8… (8!) transfers, escalating each call to a superior. He finally found someone that said "You are right. You shouldn’t pay the fee." Companies do their best to not admit that they are wrong, and they will do whatever they can to squeeze as much money out of you. Some contracts for car loans will have a fee tacked on if you pay off your car ahead of time. Read and make sure everything is fully understood when putting your name on the line.
Enough said here… I hope you find someone that can help stick it to them. Your story is absolutely unfair. You called in and enquired, they should have guided you correctly on how to go about it. I am rooting for you.
CyberNara
Comment by Joe K — August 12, 2010 @ 1:51 pm
Did this place deduct the 3 payments from your bank account? If so, they are in the wrong, since the payments have been made on time.
No, it is not legal for them to repo a car that is current on the payments. Only thing I can think of is if your mom neglected to pay her insurance. They would get a notice of that and that could be violating her agreement with them, and they could tow the car. Usually, though, if that is the case, they will just slap on their own insurance cost, but, if they did that, and it didn’t get paid, yes, they can repo the car because she would be in arrears in paying insurance.
Better find out exactly WHY they repoed it and ask your mom if she paid her insurance.
Comment by My Take on It — August 12, 2010 @ 1:51 pm
I saw something similar to this last week on tv.
The family got the car back and I think got a little extra $$ from the repro/finance company.
Hopefully, it will work out the same for you!
Comment by Smiling — August 12, 2010 @ 1:51 pm