is this a lost cause?

What is the name of your state? CA.

What is the name of your state? California

I am gravely ill, awaiting a heart transplant. I refinanced my car in July,14,03 at the credit union.I never missed a payment;but in Nov. 19, I received a letter stating my payment was now $580.,instead of $280. as always,because they bought comp&collision insurance for me even though I've always had same insurance on my cars. I upgraded my insurance the next day through my own carrier and delivered it to the bank. They said I still owed them from July 14, up til Nov. 21 when they said they purchased insurance in the amount of $3000. for me. I had them fax the insurance docs to ,me on Friday. They faxed one page and at the bottom it was dated Oct. 2003. Due to my disability, I could not afford the additional amount of $300. per month and the bank manager said he would work something out. I never heard from him after that;but I stated I would continue my regular payments until this mess was sorted out. He said they could only accept $580. otherwise it would be sent to collections. I arranged with collection to pay one payment of $420., with an additional $420 due March 3, when my SSD pay me.On Feb.,29,they repossessed my car even though I made all car payments,but they stated they wanted the $3000. in one chunk for insurance I already had thru my own carrier. This,as you can imagined, has aggravated my heart disease because of the added stress,plus I'm now under the care of a psycharist and a therapist.I also need to see my Cardiologist and Internist for possilbe stomach ulcer and other stress-related problems.Tommorrow they sell my car. My five children and I have no other means of transportation. My insurance carrier says that small banks and credit unions do this to get your vehicle especially since they knew of my limited income and pending heart transplant. Please help with any advice.
Thank yo

[I AM ALWAYS LIABLE]

My response:

Per your auto loan contract, you failed to pay for your own insurance, and then when the bank purchased insurance for you, again pursuant to your contract, they had a right to repossess your car because your failures caused their car (the collateral for the loan) to be in danger of non-repairable damage.

The credit union had every right to take possession of your car.

Your medical condition is of no concern to them, as it shouldn't. Simply, you breached your contract.

IAAL

If you would have read my post, you would have noticed that I did have my own insurance at the time and have always had it. The credit union failed to notify me that they were purchasing insurance for me. I showed prove of insurance at the time of conract. I have never missed a payment and the State department of Insurance states it is against the law to purchase back insurance. The papers dated from the credit unions carrier showed they did not even buy a policy until Oct, 3rd. The first notice to me was Nov. 19th. I fulfilled every part of the contract. Where did you go to law school? Obviously, your clients are not well advised if you only read part of a complaint. Plus, my medical condition has a big part in this because of the careless handleing of this situation and the added injury in my situation. You seem like the typical uncaring bottom feeding attorney that should not be practicing law at all.

[I AM ALWAYS LIABLE]

Originally posted by robertu
If you would have read my post, you would have noticed that I did have my own insurance at the time and have always had it. The credit union failed to notify me that they were purchasing insurance for me. I showed prove of insurance at the time of conract. I have never missed a payment and the State department of Insurance states it is against the law to purchase back insurance. The papers dated from the credit unions carrier showed they did not even buy a policy until Oct, 3rd. The first notice to me was Nov. 19th. I fulfilled every part of the contract. Where did you go to law school? Obviously, your clients are not well advised if you only read part of a complaint. Plus, my medical condition has a big part in this because of the careless handleing of this situation and the added injury in my situation. You seem like the typical uncaring bottom feeding attorney that should not be practicing law at all.

My response:

Well, apparently you're not TOO sick to be able to get in your own zingers!

The credit union was correct. You breached the contract.

IAAL

You have no clue about my illness or concern.Your a typical nobody that only thinks in dollars and cents.I've talked to 3 other attorneys and all say that I did not breach any contract since I always carried my own insurance. The credit union can not force me to buy something I already have. On top of that, they cannot purchased insuranced Oct.3 and charge me from July 14. If that's the case, well the accident I had July 17, is going to cost them plenty. Again, read the facts, not your uneducated opinion.

[I AM ALWAYS LIABLE]

Originally posted by robertu
You have no clue about my illness or concern.Your a typical nobody that only thinks in dollars and cents.I've talked to 3 other attorneys and all say that I did not breach any contract since I always carried my own insurance. The credit union can not force me to buy something I already have. On top of that, they cannot purchased insuranced Oct.3 and charge me from July 14. If that's the case, well the accident I had July 17, is going to cost them plenty. Again, read the facts, not your uneducated opinion.

My response:

I have no clue about your "illness"? Didn't you say, "I am gravely ill, awaiting a heart transplant"?

Now, that may not be too specific, but I would hazard to say that that was at least a "clue" - - would you?

So, if you've already consulted 3 other attorneys, then why the hell did you take the time to come here? Wasn't 3 opinions enough for you?

I think someone's lying about talking to 3 attorneys about this. Don't you?

You breached your contract, and you won't be driving any time soon.

IAAL

What I meant was that you have no clue about living with this heart disease. What would you know about lying? Your an attorney, so you claim. That's what attorney's do best. I write to get the feedback of an intelligent person. Your obviously not that bright. Like I said, read the facts. How did I breach the contract. I had ample insurance always. There was no breach. And FYI, I've already got a new car. Life must be a bitch for you. You seem awfully bitter and if I were you I probably would too. What's the matter? You spend all your time pretending to know law and pass out useless dribble about which you know nothing about. I do research, so I at least know something more than what you have to offer. Again, you must be bitter about your little so-called life. What's the matter, no clients to screw. Oh well, life's a bitch!

PS : Don't bother replying. You've got enough to worry about.

[I AM ALWAYS LIABLE]

My response:

How do you know whether or not I'm living with heart disease?

No, you specifically said, "You have no clue about my illness or concern." That statement had nothing to do with "living" with such an illness.

Then you said, "What would you know about lying? Your an attorney, so you claim. That's what attorney's do best." Yet, according to you, you consulted with 3 attorneys.

And, speaking of consulting 3 attorneys, why didn't you answer my question about why you came here if that was a true statement? Kinda glossed over that one, didn't you.

Then you said, "I've already got a new car." Not likely with your credit history showing a repossession - - unless it's not really a "new" car. It may be "new" to you, but it isn't "new" off the assemply line, baby!

Then you said, "I at least know something more than what you have to offer." If that's true, and especially after 3 consultations before you came here, then WHY did you come here?

But, we all know you're lying about this, and now you're coming up with these drips and drabs of new facts and circumstances just to make yourself look better. Guess what? I can spot a liar a mile away.

You sure are a feisty one, especially with such a weak heart.

IAAL

Helo , Again I repeat, Senor member, obviously your not an attorney, just someone who's bitter about not having a real life. FYI- the attorney who I first consulted with suggested I by a new car before the bank can list on my history as a repossession, which I did. Secondly, The first attorney feels we have a very strong case. My second attorney took my case based on several issues and immediately filed a injuntive relief to prevent them from selling the car. Thirdly, several other claims have been filed on my behalf, as well as a newspaper editorial about the unfair and illegal acts on the credit unions part. This as all occured since you last dribbled your lack of class and knowledge. Don't bother replying. .

[Ladynred]

Robertu - don't bother getting in a pissing match with IAAL, its not worth the aggravation.

If you already had insurace on the vehicle, what was the credit union claiming for a reason to have to buy insurance ??? How much coverage did you have and how much did the CU contract require ?

If yours WAS sufficient, then I'd have to agree, there's something distinctly fishy about the whole deal. If they truly did not purchase coverage until October, I wouldn't ever agree to paying them from previous months that they did NOT pay for !!

If you have any way to hire one of those lawyers, then do so. However, the first thing you have to do is take care of your own health and to hell with the CU and their scumbag collectors.

Thank you for taking the time to read and understand my situation. Your very right;IAAL is not worth the aggravation and I won't waste my time discussing him. I'm the sort of person that needs to know all views and thats why I come here. Last friday, I contacted the credit union's insurance carrier and requested them to fax me the docs, as I have never received any policy or anything. They fax me only the front page and it clearly indicated the policy was purchased on Oct., 3,2003. The first notice that I ever received about needing more coverage was received on Nov.,19,2003, stating I owed an additional $3000. Their policy was back dated to July 14,2003 when I refinanced the car with them. I've owned several vehicles the last ten years and have always carried the same insurance and have never had a problem with any of the lien holders in the past. I carried liability and uninsured moterist. The cu wanted collision and comp, as well. when I received the notice about the upgrade I immediately contacted my carrier and it became effective Nov.21,2003. The cu stated that I needed to sue my carrier for not informing me sooner of the upgrade because they said they notified my carrier. My insurance company has said that it would only be financially beneficial to them for me to upgrade back then in July. They said they were never notified. Anyway, your right. I need to think of my health first. The first attorney I contacted feels very strongly on the cu misdeeds and thinks we have a winable case. He ;however wanted a hefty retainer, which I could not do at the time. The lawyer, thats helping me, heard my story and is filing motions and complaint for nothing. He know that he'll be taken care of after this is over. Again, Thank you for the encouragement. Take care.

[Ladynred]

No offense, SF-Chick, but you have ONE post and its to attack a Sr memeber of this board ???

IAAL can be a sourpuss, an adversarial curmudgeon, but he IS a very successful attorney with a thriving legal practice. His posts may sometimes be full of piss and vinegar, but.. that's our IAAL. Take it or leave it. If you don't like his posts, don't reply, don't get in an argument with him, you will lose. When he gives true legal advice, and not his OPINION, you can bet your buns he knows EXACTLY what he's talking about.

[I AM ALWAYS LIABLE]

Originally posted by Ladynred
No offense, SF-Chick, but you have ONE post and its to attack a Sr member of this board ???

IAAL can be a sourpuss, an adversarial curmudgeon, but he IS a very successful attorney with a thriving legal practice. His posts may sometimes be full of piss and vinegar, but.. that's our IAAL. Take it or leave it. If you don't like his posts, don't reply, don't get in an argument with him, you will lose. When he gives true legal advice, and not his OPINION, you can bet your buns he knows EXACTLY what he's talking about.

My response:

Anyway, remember I said this to our original writer?

"But, we all know you're lying about this, and now you're coming up with these drips and drabs of new facts and circumstances just to make yourself look better. Guess what? I can spot a liar a mile away."

Well, just as I thought. The "drips and drabs" are finally appearing, when our writer has now said - -

"I carried liability and uninsured moterist. The cu wanted collision and comp, as well."

In other words, our writer had the "State Minimum" policy, which protected her, to a small degree, IF an accident was her fault; however, there was NO collision or comprehensive insurance protecting the Credit Union's "collateral" - - the car.

Our writer thought she could get away with the "cheap" insurance and, as a result, she FAILED to protect the car itself, as the loan contract specified.

I don't know what kind of attorney would take this case - - an obvious case of our writer BREACHING her contract - - but I rather doubt our writer will ever come back to tell us that she lost the claim, and that the Credit Union was, in fact, within it's rights under the contract to repossess the writer's car.

This is why the Credit Union bought the PROPER insurance coverage and charged our writer - - for something she failed to pay for on her own.

IAAL

[Ladynred]

Hey "sourpuss" You know I love ya anyway

I can't argue with you there, that's why I asked in my post what kind of insurance was required by the CU and what the writer was actually carrying.