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I NEED HELP FROM A CIVIL ATTORNEY PLEASE!?
26th August 2010
In April of 2007 I had bought a vehicle from West Covina Nissan. A small SUV Nissan Xterra SE 2007 I paid the vehicle very good sometimes I was late but then I was able to always catch up on my payments and so I did that for close to a year. And on 3/2008 I had my vehicle stolen from me, close to my house. I had gone with some friends for 4 days and I had no need to take my vehicle as I was going with them on their vehicle. So I parked it close to my house. When I came back it was late at night and I was so tired I just wanted to rest and I had no need to look at the vehicle or go to it I thought it would be there when I need it the next morning. so I woke up and I did not see it so my first thought was that it got towed away and I called everywhere to the city the parking enforcement and last the police and they advised me to make a police report and I did. On 3/05/2008 and so all I had to do is wait. I have lojack and they did found it in Mexico the very next day according to this paper I got by mail a week later but the law enforcement in Mexico found it the next day of the police report. And so since then the finance company for some reason took possession of the vehicle and never let my insurance company go in and fix it so that I can get my vehicle back. and so they were giving me the run around and at the time I did not know I would still need to be paying the vehicle if it had gotten stolen and when they told me that the insurance company cannot go in to fix because I owed money I paid off the past due balance and everything should have been fine. And then my insurance sends my finance company the money to fix the car and then all I hear and get a letter is that the finance company sells the car at auction for nonpayment. After I had paid them the entire amount that was past due. They sold the vehicle on July 10, 2008 so from 03/05/2008 to 7/10/2008 they had the car and where giving me the run around and the car was supposed to have been returned to me. And so I need legal advice and I would like to hire a lawyer or attorney to help me in this civil matter. Thank you have a great day you can email me at jmarcial1983@yahoo.com for more detailed information if you are law professional
I need to avoid repossesion….?
9th September 2009
I had my loan set up on auto debit. My house was broken into and though everything forgot to call and switch my account info with my bank. My truck is now in repossession (or the letter said I had until 4 days ago to bring it current). I called they day it was due and asked to send cash via Western Union (so the payment would post faster) and the lady said you need to make it by phone. I called by that evening to do a check by phone (the first lady said call before 9pm) and when I did she said I could only pay for it via Western Union! I explained at this point that it was 8:00pm and that they bank was closed to get cash and send and that I was simply doing what the first lady had asked (paying via phone). She told me that it HAD to be paid by 9pm and that is the only option I had. I called back the next morning and explained the situation and the lady promised to call me back and didn’t. I have all the Western Union information and have the cash to bring the loan current and could send next months payment as well. My question is, if I send it though Western Union (though bill pay) so that the account is current will that stop the repossession? I don’t want to send ,000 cash and still have the car repossessed tomorrow. In that case I’d rather keep the cash and work it out. I’m thinking that if I send it Western Union and then it posts to my account they can’t still take my car correct and how can they refuse the payment if I pay cash at West Union? Please advise. I’d like to take care of this and send if off today.
Can payment stop repo on truck?
1st September 2009
I had my loan set up on auto debit. My house was broken into and though everything forgot to call and switch my account info with my bank. My truck is now in repossession (or the letter said I had until 4 days ago to bring it current). I called they day it was due and asked to send cash via Western Union (so the payment would post faster) and the lady said you need to make it by phone. I called by that evening to do a check by phone (the first lady said call before 9pm) and when I did she said I could only pay for it via Western Union! I explained at this point that it was 8:00pm and that they bank was closed to get cash and send and that I was simply doing what the first lady had asked (paying via phone). She told me that it HAD to be paid by 9pm and that is the only option I had. I called back the next morning and explained the situation and the lady promised to call me back and didn’t. I have all the Western Union information and have the cash to bring the loan current and could send next months payment as well. My question is, if I send it though Western Union (though bill pay) so that the account is current will that stop the repossession? I don’t want to send ,000 cash and still have the car repossessed tomorrow. In that case I’d rather keep the cash and work it out. I’m thinking that if I send it Western Union and then it posts to my account they can’t still take my car correct and how can they refuse the payment if I pay cash at West Union? Please advise. I’d like to take care of this and send if off today.
Last month my car was (correctly) repossessed on 3/11/09. I was able to borrow some money and get it back the same day. Then this past Sunday, 4/19/09 I got a knock on my door at around 8pm. When I answered, it was the same repossession company that had taken my car the month before, and the guy at the door told me he was here for my car again. I was very confused, as my payment in the middle of March had been made in full and up to date, and my payment in April had been made a day early. I showed the guys (there were two, which is one of the reasons I didn’t come downstairs legally armed) my copy of the payment from March, and although I didn’t have a paper copy of my April payment, I was able to get the one guy to listen to the automated recording w/ the loan company stating that I had no payments due, thus showing that I was paid up. I said there was no possible way they were there to take my car. They then showed me their work order, which was originally generated on 3/31/09. This gave me further confusion, as even if there was some kind of problem with my April payment, there work order was generated before that payment was due. I again stated they weren’t taking my car, but they told me that there was nothing they could do, they had their orders. Rather than risk any serious altercation, I opted to hand over my spare keys and allow them to take the car. I have terrible luck, and I decided something must have gone wrong and I was indeed at fault.
After calling off work (I am almost forbidden to take off work on Mondays as my job duties have to deal w/ preparing for new music, movie, and book new releases that come out every Tuesday, and since I don’t have an understudy or anything, I’m the only guy in the store who can do it, but I was able to plead to the right boss and instead just had to bust my ass even harder on Tuesday before the store opened), I tried to get some sleep. The next morning, when I called the loan company, I eventually was told that it was a mistake, and that my car was indeed not scheduled to be repossessed. The loan company informed me it was a paperwork error with the recovery company, and that I could contact them myself and arrange to get my car back. I called the recovery company, and was given the number to one of their drivers and told to call him. When I called, he informed me he needed to get the release faxed to him, and that he’d call me back. An hour and a half later, I had not received a phone call, so I called the recovery company and they told me they’d call their driver and make sure he got the fax. About 15 minutes later I finally got a call from the driver. He asked me when I could come pick up the car. I was pretty pissed off at that point, that they had towed my car an hour away and now expected me to pick it up, but I was more worried about getting my car back before some other paper work error caused them to mistakenly auction it off or something worse.
I eventually got my car back. Some of the things I was most upset about is that not a single person apologized to me. The loan company didn’t go to any steps to get my car back for me, and instead left me to deal with the repossession company. The guys there made me wait around and then expected me to pick up my own car.
What kind of legal options do I have? I’ve seen a few sites stating this is grand theft auto, but I’m not sure if this applies in Pennsylvania, and if it does, what the statute of limitations would be. I’m not really that interested in spending my own money to sue anyone, but I wonder if maybe I can get something from one or both of these companies in compensation. I’m thinking maybe a month forgiveness on my loan and a full tank of gas maybe? Anyone have any advice?




