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Here’s the breakdown of events:

Lost a job in March that led to deficit in our home income. We were 90 days behind on a vehicle lease loan with Fifth Third Bank – we had been calling them for months trying to work something out, and they were completely unforgiving. They finally said they were coming out to repossess our car.

This past Friday: Called Fifth Third Bank and said that we could make a 2/3rds payment on what was past due on our car. They said it needed to be the full 90 days. We said we could do something over the weekend and pay on Monday. The customer service rep said we had until Monday and she noted out account.

Sunday at 6am: Our car is involuntary repossessed while we slept. Called the police later in the morning to find our car had been taken to a local repossession lot. When we called the lot, they said that Fifth Third hadn’t informed them that we had until Monday. They said we needed to call Fifth Third on Monday morning to discuss.

Monday at 7am: We called Fifth Third. The rep says that she sees the note on our account, but that doesn’t matter. She said someone should have explained the risks to us, and they could repo our car anytime, no matter what we were told. We made the payment via Western Union for our car. We are told that once the paperwork is sent to the repossession lot, our car will be released to us. We are told this will at least take a day. We call the repossession lot at the end of the day to see if paperwork has been received, and it has not.

Tuesday: We call the repossession lot to see if the paperwork has been received, and it has not. We call Fifth Third, and they tell us to call back on Wednesday. They said these things take time.

Wednesday (TODAY): We call the repo lot. They tell us our car has been transferred to the auction lot. They tell us our car will be up for auction on Monday. After some argument, we find out that Fifth Third places a 72 hour hold on cars repossessed, and that we’ll have to pay all these fees incurred for the time. Fifth Third still has not sent them (or US) ANY paperwork regarding this matter. We’ve only found out all this information by calling these places trying to piece this together.

TONIGHT: We are told by the repo lot that they will not sell our car because we have a confirmation number for our payment. However, we’ll still be responsible for all the fees.

My question is – WE PAID ON MONDAY. WE WERE TOLD WE COULD HAVE UNTIL MONDAY TO PAY. And the note saying that is on our account. Do we have a legal case? I know we defaulted on the loan, and that is our fault, but don’t we have some rights here? Shouldn’t what the representative told us on Friday hold some weight as a verbal contract or agreement with us?

Please help. I believe we’ll be contacting a lawyer in the morning, but we’re just feeling helpless. Thank you for anyone who takes the time to read this and offer advice.
Just as an extra note – the customer service rep we talked to on Friday didn’t even have our current address until we told her. So, she would have had to tell us we could have until Monday, then sent out a repo order after telling us that.

I was very past due on the car payment- 71 days and finally paid my past due balance in full on 2/22/10 through my online banking account. My bank shows a posted transaction payment to my auto credit company on 2/25/10. At 12:30am on 2/26/10 they repossessed my car. I called the credit company at 8am the same day of the repo and they said they did not receive payment. I called my bank and they said that the credit company has received payment which cleared on the 2/25- a day before the repo. When I called the credit company again they said that they did not see the transaction prior to the repo and it showed payment was received on 2/25/10. The credit company then continued to say that because I paid with online banking as an electronic check they do not consider it a form of legible payment because I could cancel the transaction with my bank at any moment (ie "made payment to wrong company") they want a payment through something like Western Union. My major question to this information is can the credit company still request that I’m responsible to pay the repo fees, towing and storage fees even though my past due balance was paid on and cleared to the credit company before they actually repossessed of my car? Is this legal in the state of WA? The credit company keeps telling me that I need to cancel my payment through my bank and send them a payment through their ok’d payment options (ie western union). Please help!! I’m not sure if the credit company is trying to pull one over me because they messed up on a repossession notice that technically should not have happened had they seen my payment before the tow truck came to my home.

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.

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.

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