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Botched Repo & My Pink Slip Hostage

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SSteelMan

Junior Member
What is the name of your state? California
A funny story, really.
About 5+ years ago, I was very behind in my Auto Loan payments to GMAC. I contacted them to find that they had issued orders to repossess the vehicle, and not wanting that made arrangements to wire the full amount to them first thing the following morning. At 6am that very next morning, I was awakened by a tow-truck driver hooking my truck up to haul it off. As it was too early to contact GMAC, and after the driver told me that I was probably told that so I would let my guard down and make it easier for them to locate the vehicle, I jumped at his seemingly gracious offer to allow me to get my possessions out of the truck before handing over the keys. When I did get ahold of GMAC that day, I was told that I shouldn’t have surrendered the truck, and that the amount I owed increased by $500 now that it had been repo’d. Sigh. That same afternoon, a friend called to inform me my truck was at a nearby strip mall parked in a Handicapped space with no Handicapped stickers or card displayed. I grabbed my spare set of keys and hurried over to find it as described. I hopped in and drove it over to another friends, happy to have re-acquired it and not to have been cited for illegal parking in a handicapped spot. The owner of the tow yard had apparently been shopping a good part of the day with my truck, and it contained many bags from various stores, her purse (!), and she even had an open alcoholic beverage in the cup holder! The next morning I awoke to calls from her threatening to have me arrested for Grand Theft if I did not tell her where to find the vehicle. Ignoring this, I called GMAC to report the truck was still in my possession, and made an appt. to drive the vehicle to Burbank the next day to re-affirm the loan (I was that behind!), as well as immediately wiring them the full amount due sans any repo. fee per their instructions. I appeared at the appt. the next day, me re-signing my loan papers, and them verifying the VIN and taking photo’s of the truck. Confident I was in good standing, I met with the yard owner to return her property and get my set of keys back, and never heard about the event again as I made payments out of the coupon book I had been issued. Fast-fwd. 2 years, and I make the final payment on my loan. After a few months of no word, I call GMAC to see about obtaining my pink slip, only to discover that they showed $500 still due for fees/penalties. The repo! The yard had billed GMAC, who payed them, and now was holding my pink slip until I payed them for it. When I asked that they provide me with documentation as to who signed for the vehicle if the tow yard had, in fact, secured it, they stated that they couldn’t be expected to have access to records from so long ago. No explanation was offered as to why I was never notified of this fee being levied at the time it was, nor could they offer explanation as to how I appeared in Burbank with the vehicle despite the tow companies’ claim to have had the vehicle at that time. They refuse to even tell me the name of the company (if I had the info, I had since purged it thinking it resolved) or entertain the idea that they were billed for a service that was not executed as represented by the tow yard. After talking with various people, I am not sure what venue is appropriate to resolve the issue and get me the pink slip on a vehicle I have paid for, and am also very curious if I should be forthcoming with the truth in its entirety as I have been above, or deny the repossession altogether forcing GMAC to prove (which they or the tow yard can’t) that it was repo’d, held at their yard, and released to whomever. It seems more to me like GMAC should never have made payment to the tow yard knowing that they didn’t require it of me to re-affirm the loan. Any help/suggestions/input?
 


tijerin

Member
My suggestion, pay the $500, get the title. Then pursue any legal action in small claims court in regards to the $500 towing/repo fee as actual damages and/or failure to perform services. ALTHOUGH, you could open up a can of worms you don't want opened. See, in California, when a repo company plans to repo a vehicle, they have to report it to the police prior to the repo, then again after it's successfully repo'd (I believe) to prevent the police from scouring the area (using resources) to find a vehicle lawfully taken by the lienholder. I don't know the laws but if the towyard can prove they took the vehicle legally as an agent for the lienholder, then you subsequently "took it back", it may be considered theft (although I doubt they'd bother prosecuting especially if GMAC affirms your story). The towyard cares little for your vehicle and alot for their $500 and, seeing as GMAC paid the repo company, they're happy. Since GMAC is the one claiming you owe the money, give them the $500, getting some sort of proof that the $500 still owed was actually a "repo" fee, rather than a remainding balance on your account. Also, since GMAC contracted for and paid the $500, your only action may be against GMAC, rather than the towing company. I'm not a lawyer, however. Just exploring potential obstacles/courses of action. You may be better off chalking the $500 loss up to a lesson learned as to the paying of your car payment on time in the future (should you ever have a car payment again).
 

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