What is the name of your state?Illinois
Have you ever heard of someone having their vehicle repossessed and they are not behind in their payments? Well, I'm living proof that such a thing can happen.
I have been having a dispute with my auto insurer since my June 5th head on collision. When I objected to their decision to repair the vehicle, they went ahead and authorized the repair and released the vehicle to their preferred repair shop without my consent.
The estimated 13 days of repair was not enough. Just before the 13th day, I got a call from the adjuster claiming they needed more time on the vehicle and it would be ready soon. (Clue number one that the vehicle should have been totaled?)
When the repair period went beyond my 30 days of rental coverage, I received a call from the auto repair shop. He told me that the hit was hard than could be repaired in 30 days and they would need more time. He told me to stay in my rental vehicle and he would pick up the cost until the vehicle was ready.
17 additional days later I was told the vehicle was ready. I had the vehicle inspected following the six-week repair period and there were still some problems with the vehicle.
The adjuster was advised that there were some remaining problems. After another two weeks I was again told that the vehicle was ready. I wanted the vehicle re-inspected, but the body shop refused.
I asked for a detailed receipt of the work performed on the vehicle. The shop told me they were not obligated to provide that information to me.
All the while I am being goaded by the insurance company, the auto repair shop, and the Department of Insurance analyst (who is supposed to impartially review my complaint against the insurer) to pick up the vehicle.
I was soon contacted by another company trying to persuade me to pick up the vehicle. Surprisingly it is the lien holder for my vehicle.
The insurer gave my vehicle lien holder information to the auto repair shop and the auto repair shop contacted the lien holder "threatening" that he would file a mechanics lien if I do not come to pick up the vehicle. (All parties were pretty were very adamant that I needed to pick up the vehicle. Mind you there was never any promise that if I pick up the vehicle any of my concerns would be addressed at that point in time. I delayed going down to pick up the vehicle because I knew that doing so would close my claim and end my complaint.)
The lien holder (5th 3rd Bank) called me saying they were concerned that they would lose their interest in the vehicle. I assured her that because the shop accepted the vehicle and began repair without getting my consent, they are barred from filing a lien. So the banks interest was not in danger.
But that did not stop them from repossessing my vehicle for non-payment. That is despite the fact that I have my payment for my car note set up to automatically go out every month.
I was notified of the repossession in a letter from 5th 3rd dated 10/27/05 stating that the vehicle had been repossessed on 10/18.
I responded back in the Affidavit of Defense that there is nothing to justify the repossession since I am not in default and since the banks interest in the vehicle was never in danger. I also asked for an Accounting of the account that the repossession was associated with. I sent that on November 14th and have heard nothing back from the bank.
I have however heard from a law firm representing the bank. I received a letter from them yesterday saying that I have 30 days to make arrangements to repay the outstanding debt or ELSE!
Or else what? I am not in default!! I don’t know where the vehicle is? I don't know if the vehicle has been sold or what. I don't know if the outstanding debt is what is remaining after the sale? In the last six months that this thing has been going on, I have continued my payments to both Geico and 5th 3rd for a vehicle I have not seen or drive in that time frame.
And for the $600 or so I have been shelling out for the last six months in car notes and insurance premium, I have been paying for the privilege of having my credit ruined. Yesterday I bought access to my credit history. The bank has reported the repossession to two of the three credit reporting agencies. I was recently turned down for a charge card at Home Depot and further as I was shopping for a new auto insurer, I was declined even on an estimate for coverage due to the repossession.
Can it get any worse than this?
Yes, it can.
I cannot find a lawyer willing to take my case.
Of the many lawyers I have contacted, one spoke to me candidly. She said that the resolution of this mess would be very time consuming and ultimate very costly. Lawyers don't want the case because it will more than likely be on an hourly basis. They are concerned that I will run out of money to pay legal fees before a resolution can be reached.
I make too much to qualify for a free legal clinic, but apparently not enough to entice a lawyer to handle a case where I have been obviously injured on soooooo many levels.
Meanwhile the insurer, the auto repair shop and the bank, get the luxury of sitting back and putting the screws to me for not going along with their attempts to put me behind the wheel of an unsafe vehicle. And I get the burden of shelling out more money for a lawyer to step in and make the madness stop. That is, if I can find one.
Like I said when I started this lengthy letter (and I do apologize for it's length), I need some help, some guidance, something to stop this insanity.
Thanks, Flusterd1
Have you ever heard of someone having their vehicle repossessed and they are not behind in their payments? Well, I'm living proof that such a thing can happen.
I have been having a dispute with my auto insurer since my June 5th head on collision. When I objected to their decision to repair the vehicle, they went ahead and authorized the repair and released the vehicle to their preferred repair shop without my consent.
The estimated 13 days of repair was not enough. Just before the 13th day, I got a call from the adjuster claiming they needed more time on the vehicle and it would be ready soon. (Clue number one that the vehicle should have been totaled?)
When the repair period went beyond my 30 days of rental coverage, I received a call from the auto repair shop. He told me that the hit was hard than could be repaired in 30 days and they would need more time. He told me to stay in my rental vehicle and he would pick up the cost until the vehicle was ready.
17 additional days later I was told the vehicle was ready. I had the vehicle inspected following the six-week repair period and there were still some problems with the vehicle.
The adjuster was advised that there were some remaining problems. After another two weeks I was again told that the vehicle was ready. I wanted the vehicle re-inspected, but the body shop refused.
I asked for a detailed receipt of the work performed on the vehicle. The shop told me they were not obligated to provide that information to me.
All the while I am being goaded by the insurance company, the auto repair shop, and the Department of Insurance analyst (who is supposed to impartially review my complaint against the insurer) to pick up the vehicle.
I was soon contacted by another company trying to persuade me to pick up the vehicle. Surprisingly it is the lien holder for my vehicle.
The insurer gave my vehicle lien holder information to the auto repair shop and the auto repair shop contacted the lien holder "threatening" that he would file a mechanics lien if I do not come to pick up the vehicle. (All parties were pretty were very adamant that I needed to pick up the vehicle. Mind you there was never any promise that if I pick up the vehicle any of my concerns would be addressed at that point in time. I delayed going down to pick up the vehicle because I knew that doing so would close my claim and end my complaint.)
The lien holder (5th 3rd Bank) called me saying they were concerned that they would lose their interest in the vehicle. I assured her that because the shop accepted the vehicle and began repair without getting my consent, they are barred from filing a lien. So the banks interest was not in danger.
But that did not stop them from repossessing my vehicle for non-payment. That is despite the fact that I have my payment for my car note set up to automatically go out every month.
I was notified of the repossession in a letter from 5th 3rd dated 10/27/05 stating that the vehicle had been repossessed on 10/18.
I responded back in the Affidavit of Defense that there is nothing to justify the repossession since I am not in default and since the banks interest in the vehicle was never in danger. I also asked for an Accounting of the account that the repossession was associated with. I sent that on November 14th and have heard nothing back from the bank.
I have however heard from a law firm representing the bank. I received a letter from them yesterday saying that I have 30 days to make arrangements to repay the outstanding debt or ELSE!
Or else what? I am not in default!! I don’t know where the vehicle is? I don't know if the vehicle has been sold or what. I don't know if the outstanding debt is what is remaining after the sale? In the last six months that this thing has been going on, I have continued my payments to both Geico and 5th 3rd for a vehicle I have not seen or drive in that time frame.
And for the $600 or so I have been shelling out for the last six months in car notes and insurance premium, I have been paying for the privilege of having my credit ruined. Yesterday I bought access to my credit history. The bank has reported the repossession to two of the three credit reporting agencies. I was recently turned down for a charge card at Home Depot and further as I was shopping for a new auto insurer, I was declined even on an estimate for coverage due to the repossession.
Can it get any worse than this?
Yes, it can.
I cannot find a lawyer willing to take my case.
Of the many lawyers I have contacted, one spoke to me candidly. She said that the resolution of this mess would be very time consuming and ultimate very costly. Lawyers don't want the case because it will more than likely be on an hourly basis. They are concerned that I will run out of money to pay legal fees before a resolution can be reached.
I make too much to qualify for a free legal clinic, but apparently not enough to entice a lawyer to handle a case where I have been obviously injured on soooooo many levels.
Meanwhile the insurer, the auto repair shop and the bank, get the luxury of sitting back and putting the screws to me for not going along with their attempts to put me behind the wheel of an unsafe vehicle. And I get the burden of shelling out more money for a lawyer to step in and make the madness stop. That is, if I can find one.
Like I said when I started this lengthy letter (and I do apologize for it's length), I need some help, some guidance, something to stop this insanity.
Thanks, Flusterd1