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Old 11-30-2004, 07:11 PM
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Join Date: Nov 2004
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Unhappy

please help, i dont know where to start


What is the name of your state? NY

I am writing on behalf of my brother. This story is very complex, so I will try to simplify it.

Over a year ago he got a 2001 car. He borrowed through ford, about 7k and about 11k through his credit union. About a month later, he saw a "great" deal on a 2003 ford so he went and traded it in. ford only wiped out their loan, and not the 11k to the credit union. so now he was paying his new loan for the 2003, and still the 11k through the credit union for his old car that he no longer had. ( he still has the title etc.) he has been fighting for a while w/ the car dealership, when u trade in a car, arent all old loans supposed to be satisfied??? so that is the first problem.


meanwhile, he was hurt while at work. he has been out of work since september, going back and forth to dr's and what not, and has only received one workers comp check, two weeks ago. he missed a month and a half of his car pmt, they repo’d it Saturday night. The guy from ford said that he would give him an extension, he was told to make 1 ½ pmts by dec 2, 2004 and they would not repo it. Obviously not the case. He heard them outside, he went out and asked if he could get his possessions out of the car, mainly his medicine that he takes 3x a day, they said go get the keys, he did, and when he came out they were gone.

Does he have any rights???? He is out of work, should there not be some protection on your bills when you are on disability or workers comp?? I cant find repo laws in NY, can he get his car back?? What about his FIRST loan?? He is ready to have a nervous breakdown with everything that is going on and he cant afford 300/hr for a consult right now? Any and all help would be much appreciated!!
  #2  
Old 11-30-2004, 11:25 PM
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Join Date: Nov 2004
Posts: 28
everyone has rights... inculding the creditors.... it is ashame that your brother was hurt on the job... and is out on workers comp... he is recieving a check. right??
one... he can get his car back if he calls the company and ask what he can do to get it back before it goes to auction...
two... he is allowed to get his medication and personnal effect out of the car... he needs to find out who has the car and set up an apointment to go there and get his things.. as for him being on worker comp.. there is nothing that states in the contract that if he become unemployed that he don't have to pay the bill... unless he took the optional insurance that if he become unemployed.. the insurance will pay the bill till he get back to work. but there a limitition to that to they will only pay for it for 1 year and is not recieving any money.. hence the works comp check.. as for the other loan.. if the trade in didn't pay off the other loan then he still owes it. nothing can be done about it.
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