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Repossession Stories and Questions

moparbadmoparbad Posts: 3,842
Repossession Gone Wrong-

Repo agent entered private property and secured the vehicle being repossessed to wrecker.
Owner of vehicle confronted the repo agent by chasing and yelling at the agent while they were in the wrecker with the vehicle in motion.
Wrecker hits another vehicle not involved in the repossession and does not stop at time of collision and does not go directly to police station to report the accident.
The bystander who's vehicle was hit calls the police and waits for them to arrive and files report.
Interestingly enough, the vehicle the wrecker hit is a brand new 2007 SUV with less than 100 miles on it, and is nearly $40,000 MSRP. The damage is several thousand dollars at a minimum.

The repo agent notified to local police of the repossession before it happened.
The repossession took place at a manufacturing plant where the owner of the vehicle being repossesed was an employee. Repo agent did not notify the company of the repossession or have permission to be on the property and the property is posted no trespassing.

My questions-
1. Is this a lawful repossession with respect to Breach of Peace?
2. Is it lawful to repossess on private property of a third party?
3. Besides leaving the scene of an accident, what other trouble is the repo agent in?

This occurred in Illinois.
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Comments

  • rockyleerockylee Wyoming, MichiganPosts: 13,989
    I had a 2005 Acura TL, and it was repossessed. What happen in my case was my Acura dealership convinced me to sign up for this sub contractor that would handle the drafting of the funds out of my account. The drafting company never owned up to their end of the bargain and never drafted the money out of my account and blamed the dealership for having the wrong scheduled drafting dates. The dealership said that was hawg wash because every customer has the money drafted every other Friday. It went on for 3-months and after numerous requests by myself from honda to do a direct contract through them they came and repoed my car. They at first wanted me to pay my missing car payments and I told them I would once I got a legal contract from them. I told them I'm not going to send you money and you still come repo my car for being late which isn't my fault. The lady I talked to said the drafting company wasn't elgible to draft money out of my account because they weren't on the HFB list. I asked her then what in the hell is your dealership doing signing me up wih this company if they aren't elgible to draft ?????? Well this back n' forth went on for over a month or so and after thinking HFB was finally going to fix the problem they created a worse situation. At the end of the day the dealership and drafting company stuck to their guns and did nothing to help me and HFB just wanted their money. Everyone I talked to for 3 months was going to fix the problem and I got apology after apology with no action. HFB sent a wrecker service to repo my TL in the summer of 05, and to make a longer story short I filed a law suit against the drafting company for "breach of contract" and they settled out of court for $55K after playing games with me for almost a year. The drafting company never called or sent me a letter notifying me they canceled the contract which was the shot in the heart for them :mad:

    I wouldn't wish the stress it caused I and my family on my worst enemy. :(

    Rocky
  • lemkolemko Posts: 15,162
    More important - did their error wreck your credit in any way or were you ultimately spared that catastrophe? A repo is a horrible thing to have on your credit report. My girlfriend manages several rental properties and a repo on your credit is an automatic rejection for any applicant.
  • rockyleerockylee Wyoming, MichiganPosts: 13,989
    Lemko, I had my credit ruined and it wasn't until about 3 months ago it finally got fixed. Worst yet pal I hold a Clearance and I had to go through that disaster at work. I had to open my life up further to the government so I wouldn't lose it and explain what happened and fax and send several articles of paper work and filled out forms. Dude it was a mess.

    Rocky
  • isellhondasisellhondas Issaquah WashingtonPosts: 17,691
    This is exactly why no smart dealer will even think about accepting a draft!
  • isellhondasisellhondas Issaquah WashingtonPosts: 17,691
    Making 2.00 per hour pumping gas part time, a buddy of mine who was 6'7" and BIG got a part time job "popping" cars at night.

    Logic would dictate that people who don't make their car payments, should expect to have their cars repossessed, right?

    And one would expect them to hand over the keys without hesitation, right?

    Well, as my friend quickly found out, most of these folks took a dim view on having their cars popped at 2:00 in the morning. He was yelled at, swore at, chased and twice, fired at.

    He made just fantastic money but one night he decided to end his career abruptly. Seems he popped a guys Cadillac in south Central L.A. and the guy took GREAT offense to this and chased him down the Harbor Freeway with a neighbors car after shooting at him.

    That was the end of that!
  • gasman1gasman1 Posts: 321
    Anyone able to answer the original question(s)? I found this very interesting. I have my opinion, but it doesn't mean much... I'd think the owner of the damaged vehicle will go through the insurance company. It would be great if they also pressed charges. Unless the 3rd party (company) presses charges, nothing will come of the private property "no trespass" issue. That my opinion.
  • dtownfbdtownfb Posts: 2,915
    Like gasman1, I am not a lawyer nor do I play one on TV. Just my opinion.

    1) Yes. I would think the actual repossession of the car is separate from the other acts. In other words, the car was going to be repo'ed. They chose to do it at work rather than at home probably because they knew they could find the car there.

    2) Agree with gasman1, this is up to the company to press charges if they choose to. My guess is if the repo company takes care of the damaged car, the company will let it go. What is the penalty for trespassing??? Also since he did notify the police before the repo, they may have given him the "OK"

    3) Since they notified the police before the repo (you don't mention if they contacted the police afterwards), not much else. Of course they will have to take care of the damaged car. I'm sure the repo man will claim he felt threatened since there were "multiple people" there screaming obscenities and chasing him. (May not be true but I'm sure this is what he will tell the police). Plus his job is to get the car back to the shop first. YOu don't mention if he did call the police, only that he did not go directly to the police station.
  • gasman1gasman1 Posts: 321
    is now a Region Manager of our company. Great guy! His first position after college was with a bank and in their REPO department. He has some neat stories. He was placed there due to his youth and size (played college football). He was willing to begin at the bottom rung and move up the ladder. However, the bank was bought out by a big bank and his position (as well as many rungs of the ladder)were absorbed into the big bank. He and I began about the same time as District Managers and we've both enjoyed the rewards of working hard.
  • moparbadmoparbad Posts: 3,842
    Repo agent and recovery company are not cooperating.

    Police department stated they were going to charge the repo agent with leaving the scene of the accident among other charges if they did not take responsibility. Not sure if this actually happened during the holiday break.

    Vehicle is at bodyshop being repaired and insurance company is on the hook at this point.

    Company attorney has been consulted, though it is not public what action will be taken.

    A lawyer that I personnally know said the repossession had a decent chance of being found as illegal/improper in a court due to breach of peace during the repossession. I suspected as much.

    Will be interesting to see how this all turns out. I will update as more is known.
  • jlawrence01jlawrence01 Posts: 1,828
    2. Is it lawful to repossess on private property of a third party?

    Personally, I don't think the tresspassing laws would apply here. A parking lot, unless you are behind a fence is generally considered a public place. The repo man was there for a legitimate reason - to take possession of a vehicle that he had a legal right to take.

    Otherwise, the windshield repairman that was working on my secretary's car was tresspassing on my lot yesterday ... as is the Illinois Highway Patrolman that uses our parking lot to write up his reports.
  • bolivarbolivar Posts: 2,316
    In my state at least - If you want a car towed from your lot, what do you charge him with? Tresspassing.

    At least, that is what is charged when someone parks in someone else's rental parking space.
  • shasta67shasta67 Posts: 109
    My questions-
    1. Is this a lawful repossession with respect to Breach of Peace?
    2. Is it lawful to repossess on private property of a third party?
    3. Besides leaving the scene of an accident, what other trouble is the repo agent in?


    I don't know the law in Illinois but I would guess this is absolutely a legal repossession. While the parking lot had no trespassing signs that does not stop the legal owner (the bank) or his agent from reclaiming "his" property. The "owner" no longer owned the vehicle and was not legally in possession of the car, especially if he knew they were trying to repo it.

    As far as the tow truck driver not stopping at the accident. He would not be required to if he felt in danger. i.e. the owner running after him yelling. He would be required to notify the police in a timely manner. If they owner was threatening the driver in any serious way he could be partially liable for the SUV if he did anything to help cause the accident.

    Here is my best guess of what will happen. The owner will still lose his car. (which he did not pay for in the first place) The police will do nothing about the trespass or the hit and run. The Repo agent or his insurance will pay for the SUV.
  • I had just got my car repoed. Due to being past due one payment. I really do not want to get into the logistics, but what do I do now? I need a car, can I get financed. I do not want to go to a note lot because I know how those cars are aquired. Any insight will help.
  • dtownfbdtownfb Posts: 2,915
    Your best bet is to try and work out something with the company that repoed your car. Once that repo gets on your credit report, forget financing a car for very long time.
  • nj2pa2ncnj2pa2nc Posts: 813
    it is hard to believe that your car was repoed after only one missed payment. My daughter missed 5 payments when her car was repoed. They sent her numerous letters and called her. She could pay but thought if was not necessary until the took the car. She did get the car back after paying up-payments, late fees repo fees, storage fees, etc. She learned a hard lesson but now pays on time. The repo is more than likely to be on your credit already. You properly can get a higher interest loan or try to get your car back
  • My friend had traded his car for mine since he was behind on the payments (4 months) and had used my cell phone to call the finance company before. Earlier today they called my number to see if the borrower was here and I told them it wasn't his phone and didn't give them any info. Then just recently they showed up! I would've moved the car, but I was pretty sure it wasn't legal for them to look up info on my cell phone account since I'm not the borrower. Do I have any legal recourse against them or the phone company for this harassment? This is happening to military people all over the country because the government is screwing with their pay. There really needs to be more protections for people who sarifice... Thanks.
  • nj2pa2ncnj2pa2nc Posts: 813
    sorry to hear of your problem. When your friend used your cell phone to call the finance co (bad idea) they had records of the phone #. They thought it was his so they used it to try to get in touch with him. Since you instructed them that this was not his and not to call that # again they can not. If they do then you can get them for harassment but keep records of all their calls. Good Luck. Is the loan paid up. If not they have every right to repo it.
  • dtownfbdtownfb Posts: 2,915
    I'll bite. What do you mean by "My friend had traded his car for mine since he was behind on the payments (4 months)"???

    As the previous poster stated, they called your cell phone because that is probably the only phone number they had for your friend. My guess is they were probably looking for him and assumed that since he called from this line, it was his. Also they have a contract that requires payment for the car. Since the payment was 4 months late, they have the legal means to use whatever methods at their disposal to retrieve the car. Looking up the contact information on a number your friend called them is probably one of them.

    Not sure how you were harassed. You should be blaming your friend for sticking you with a car that was 4 months late and using your cell phone to contact the loan company. If he was having trouble with the government "screwing with their pay", he could have called the loan company, explained it to them and arranged alternate payment. They want the money, not the car.

    I have a tremendous amount of respect for anyone who put their life on the line so I can enjoy my freedoms. but don't use that excuse here. Please put the blame in the right place...your friend. there are protections in place to help those in the military, your friend did not do what he needed to do.
  • lokkilokki Posts: 1,200
    This is [repossession of vehicles] happening to military people all over the country because the government is screwing with their pay. There really needs to be more protections for people who sacrifice

    1. I'm not buying the story that this debt is the military's fault for "screwing with" your friend's pay. I think that's probably an excuse for poor money management, to be honest with you.

    2. There are plenty of protections.... The Soldiers and Sailors Civil Relief Act of 1940 prevents creditors from taking adverse action (e.g., car repossession and eviction) against a military member during deployment. This does not mean, however, that military families can ignore their obligations while a service member is deployed. Being in the military isn't a 'get out of jail free' card on not paying just debts.

    3. The services offer plenty of help in trainingg young soldiers,sailors, and airmen to handle their finances

    DoD Trains Military Members to handle finances

    4. There are consequences for your friend for not straightening things out. At a minimum, his cost for credit is skyrocketing. More seriously, he could have a security clearance denied or revoked. Most seriously, under circumstances when the member deceives, evades, makes false promises, or demonstrates a grossly indifferent attitude toward the debt, the failure to pay can be punishable under the Uniform Code of Military Justice.

    You might considering calling your friend and tell him to quit making excuses and start making payments.

    He can get in way too much trouble for a 20 year old to handle, over something as stupid as a car.
  • bolivarbolivar Posts: 2,316
    Every month for 24 months the Company Commander handed me my pay, after my sharp salute. From the starting E-1 $95/month up to the E-5 $225/month. Never had any problems getting paid.

    October 1966 to October 1968.
  • I got a question i got a honda accord and its a lease i do not want to terminate it but i need a lease pymt to be postponed unitl nxt mth. I lost my gig and i just found another a state job stable that is. Will honda work with me??? i just got my auto in july i made my 1st 2 pymts ontime so i am wondering will they help me. I am going to call honda in the morning so will they help or am ilooking at a repo which i do not think so but help???
  • fezofezo Posts: 9,346
    Not a pro here, but I had an experience with Honda so here goes -

    I had an 02 Honda Ody that I bought new. Maybe 6 months into a 5 year loan I had a seizure and as I'm the one who does the bill paying things got backed up here and there. I called American Honda Finance and proposed a solution to the fact that I was now paying each month late. I asked that they push the whole loan back a month. I'd still make monthly payments but we'd skip the current month and add it on at the end. They took that offer.

    Honda doesn't want to repossess the car if they can avoid it. It's a pain for them and they likely lose you as a customer when thing improve on your end. Call them up and spell out your problem. I'm betting they work it out. If the first person you talk to doesn't, ask for a supervisor.
  • I have to agree with fezo. I remember when we applied for a our mortgage years ago, the loan agent said, "we tell everyone to call us if you are going to be late with a payment, or if you are coming up short one month, and we will work something out". I know houses and cars are apples and oranges, but I have to think the auto loan industry is similar.
  • Kirstie_HKirstie_H Posts: 10,876
    As others have said, absolutely call them up. They do NOT want your car if they can possibly avoid it. Most lending companies, in my experience, are pretty darn good at working with you, especially in a one-month problem situation, if you talk to them. They just don't like it very much when you ignore the bills, phone calls, etc., because then they think you're either in BIG financial trouble, or just avoiding paying your bills.

    With so many people falling into serious credit trouble, most finance companies are glad to work with those who actually WANT to pay.

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  • Correct. One of my closest friends is going through this right now.. he got laid off last week, got a new job already, but doesnt start for a few days.. so he's short.

    His Mortgage co (Countrywide... ) is being a jerk but everyone else is fine with it. He has excellent credit too.
  • His Mortgage co (Countrywide... ) is being a jerk but everyone else is fine with it. He has excellent credit too.

    It doesn't surprise me that countrywide is being a jerk about it. They are on the verge of bankruptcy and probably need his mortgage check to make payroll for the month.
  • joel0622joel0622 Posts: 3,302
    No kidding, they are laying off 22,000 people. I would say that is very close to the beginning of the end for them.

    I wish I had the cash to invest in a apartment complex right now. With the path secondary lending is going in the mortgage biz there are allot of people who normally could qualify for a home that won't now, plus the folks who are going to lose there homes.
  • Ha great minds think a like. A couple of weeks ago I was saying almost the exact same thing to a couple of my coworkers.

    We bought our house a little over a year ago and it was our first house. I bet we would have a much harder time buying a house if we had waited a year or two.
  • mookie14mookie14 Posts: 252
    Hey guys it has been along time since i posted well i need help here is the story i was pymt behind but never 30 days so i just got me a new job now. i told honda that my wife who is a vet we got some help from one of the vet charities and my pymt was due the 18th so i told honda that the charity would be making the pymt for us and they mailed it out on the 12th or 13th. Remember i told them this before the due dated so to my surprise the pymt did not get there yesterday which i think it will get to them today. So they hit me with a 30 days past due on my credit reprts which i do not want i am trying to get them to remove it even though i know its not on there now. but i know it will be. Now i know i WILL NOT REPOED but i do like there product but there finance dept sucks of course they are in the biz to make $$$$$$$$$ but slack we all need it in some form or another i have never been 30 days on any of auto loans at all. I am hurt so i contacted the bbb so what are my chances i hope they are good besides all of that my credit cards well not all will suffer but i have talked to all of them but some i do not have the $$$$ so in lamens terms is a few 30 day past due bad on your report???? seeing that you will not be late over a period of time or pay it off help guys thanks. ps i got the auto in july 07 so if thats helps and its a lease 36 mths
  • blueiedgodblueiedgod Posts: 2,797
    Hey guys it has been along time since i posted well i need help here is the story i was pymt behind but never 30 days so i just got me a new job now. i told honda that my wife who is a vet we got some help from one of the vet charities and my pymt was due the 18th so i told honda that the charity would be making the pymt for us and they mailed it out on the 12th or 13th. Remember i told them this before the due dated so to my surprise the pymt did not get there yesterday which i think it will get to them today. So they hit me with a 30 days past due on my credit reprts which i do not want i am trying to get them to remove it even though i know its not on there now. but i know it will be. Now i know i WILL NOT REPOED but i do like there product but there finance dept sucks of course they are in the biz to make $$$$$$$$$ but slack we all need it in some form or another i have never been 30 days on any of auto loans at all. I am hurt so i contacted the bbb so what are my chances i hope they are good besides all of that my credit cards well not all will suffer but i have talked to all of them but some i do not have the $$$$ so in lamens terms is a few 30 day past due bad on your report???? seeing that you will not be late over a period of time or pay it off help guys thanks. ps i got the auto in july 07 so if thats helps and its a lease 36 mths

    Punctuation, man, punctuation. It is hard to read. Good luck.
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