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Car Repossessed by loan company in error.

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ARJ

Junior Member
What is the name of your state (only U.S. law)? New York

I came home today to find a letter in my mailbox that states Notice Lien and Sale with the Leinholder being the company that I made car payments to seven years ago. It states that I have 10 days from 9/11/2015 to pay $850.10 or my car will go up for auction.

Here is the thing, I paid my car off back in 2008. This company held on to the title until the car was fully paid for at which time they sent me back the title and the statement that said that the bill has been satisfied. Yes back in 2008 and I made all the payments. I danced to the mailbox when I sent them the final payment. I called them and they stated they could not find my name in their system and gave me a fax number to fax over the letter I received. I plan to do this first thing tomorrow.

I am not sure how they got my car because it is parked in my buildings garage and a key is needed to enter and raise the gate. The building also does not allow tow trucks in the garage you have to push your car out (I'm on the fourth floor) and then once outside the building it gets put on the tow truck. I will be speaking with my building about this tomorrow as well. I am not sure how they knew where my car was and exactly which spot it was parked in.

Either way my car has been paid off for seven years and I have the proof. The paid in full letter sent to me and stamped by them and my copies of my checks. (I'm a pack rat keep everything)

What can I do about this once they realize their error? What happens if they do not straighten this out before my car is sold at auction? I am without a car and all my belonging are in the car that I do not have access to any more. This is their error they should be held liable in some way, especially if my car is sold. I don't have $850.10 to give anyone to get my car back until this is settled.

Please help. Thank you

Angela
 


quincy

Senior Member
What is the name of your state (only U.S. law)? New York

I came home today to find a letter in my mailbox that states Notice Lien and Sale with the Leinholder being the company that I made car payments to seven years ago. It states that I have 10 days from 9/11/2015 to pay $850.10 or my car will go up for auction.

Here is the thing, I paid my car off back in 2008. This company held on to the title until the car was fully paid for at which time they sent me back the title and the statement that said that the bill has been satisfied. Yes back in 2008 and I made all the payments. I danced to the mailbox when I sent them the final payment. I called them and they stated they could not find my name in their system and gave me a fax number to fax over the letter I received. I plan to do this first thing tomorrow.

I am not sure how they got my car because it is parked in my buildings garage and a key is needed to enter and raise the gate. The building also does not allow tow trucks in the garage you have to push your car out (I'm on the fourth floor) and then once outside the building it gets put on the tow truck. I will be speaking with my building about this tomorrow as well. I am not sure how they knew where my car was and exactly which spot it was parked in.

Either way my car has been paid off for seven years and I have the proof. The paid in full letter sent to me and stamped by them and my copies of my checks. (I'm a pack rat keep everything)

What can I do about this once they realize their error? What happens if they do not straighten this out before my car is sold at auction? I am without a car and all my belonging are in the car that I do not have access to any more. This is their error they should be held liable in some way, especially if my car is sold. I don't have $850.10 to give anyone to get my car back until this is settled.

Please help. Thank you

Angela
It would probably be smart for you to wait to see what you learn tomorrow from the company that claims they have a lien on the car, and from the building where you park your car.

Perhaps everything will be straightened out once the company receives a copy of the letter you received, your paid-in-full documents, and your notification of their error.

Good luck.
 

single317dad

Senior Member
You should contact a consumer debt attorney. You should ask them about topics like wrongful repossession, treble damages, civil theft, conversion, responsibility for legal fees, and rental reimbursement. When your car is returned, you should have it inspected thoroughly by a competent mechanic for any damage caused by the repossession.

Even if you had not paid off the car loan, NY's 6-year SoL has certainly run. The repossession is completely inappropriate based on the information given here. If I was in charge, the lender would be buying you a brand new Lexus. Good thing for them I'm not in charge.
 

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