What is the name of your state (only U.S. law)? Missouri
Here is a little background on my car repossession last summer that I believe was wrongful. I made a late payment to my car lender for two months (May and June) on a Saturday. My car was repossessed on Tuesday. I also called them that Saturday and spoke with a CS rep, letting him know that I made a late payment that day, and he admonished me to make sure I communicate better in the future as they had been calling me. Well, after the repossession, I called them to find out what was going on, and at first they couldn't find info to match the confirmation # I gave them for the online payment. Then, they told me they hadn't received it at all. Finally, once the payment was found,later that afternoon as there was a system problem with my confirmation #, they wanted me to cancel payment through my bank and resend it again through Western Union with my reinstatement fee. My bank refused to do that because the first payment went through and it was authorized by me. My lender wanted a letter from my bank stating that the funds were there, which was dumb because THEY HAD THE MONEY! After all was done, I got my car back and they got more money. The repossession situation was awful because the repo company wouldn't let me pick my car up at 3:00 because they said they had to 'tow it back to the pick-up site' and couldn't do so by 5:00. Therefore, I had to wait over the holiday weekend, being charged for 4 more days, to get my car. When I finally went to get the car, it was in the back of a converted repo/house, seemingly stored with other vehicles, and it was apparent to me that that car hadn't been stored/moved anywhere at all...there were a few leaves on the hood!, They didn't let me pick up the car as it was accruing storage fees over the holiday weekend! It was a very frustrating and mollifying situation. While I do recognize I was late making my car payment, I have paid my lender late before, and later than this occurrence, previously. Also, I spoke with them on that Saturday and no repossession was ever mentioned, I did ask what the status of my account was; they claim, after I explained this to them, that no record of me calling was ever logged in their phone system so I couldn't possibly have called. The higher ups at this lender apologized for the error, however, their general stand was that this was Western Union's fault due to the fact that they screwed up the original payment, and that I should take up any grievances with them. Western Union is their online payment processor!
Does this sound right? I do have my car back, thankfully. However, it cst me $1200 additional dollars for reinstament, plus $370 repo/ storage fees (which were not posted at this business anywhere so I have no idea what all I was charged for), and I now have a repossesion on my credit report. One lawyer I spoke with says the fact that they accepted the initial payment before repossesion is the issue I should take up with them, which is why they wanted it rescinded in the first place. Am I just wasting my time?
Thanks for any advice; it is appreciated.
Here is a little background on my car repossession last summer that I believe was wrongful. I made a late payment to my car lender for two months (May and June) on a Saturday. My car was repossessed on Tuesday. I also called them that Saturday and spoke with a CS rep, letting him know that I made a late payment that day, and he admonished me to make sure I communicate better in the future as they had been calling me. Well, after the repossession, I called them to find out what was going on, and at first they couldn't find info to match the confirmation # I gave them for the online payment. Then, they told me they hadn't received it at all. Finally, once the payment was found,later that afternoon as there was a system problem with my confirmation #, they wanted me to cancel payment through my bank and resend it again through Western Union with my reinstatement fee. My bank refused to do that because the first payment went through and it was authorized by me. My lender wanted a letter from my bank stating that the funds were there, which was dumb because THEY HAD THE MONEY! After all was done, I got my car back and they got more money. The repossession situation was awful because the repo company wouldn't let me pick my car up at 3:00 because they said they had to 'tow it back to the pick-up site' and couldn't do so by 5:00. Therefore, I had to wait over the holiday weekend, being charged for 4 more days, to get my car. When I finally went to get the car, it was in the back of a converted repo/house, seemingly stored with other vehicles, and it was apparent to me that that car hadn't been stored/moved anywhere at all...there were a few leaves on the hood!, They didn't let me pick up the car as it was accruing storage fees over the holiday weekend! It was a very frustrating and mollifying situation. While I do recognize I was late making my car payment, I have paid my lender late before, and later than this occurrence, previously. Also, I spoke with them on that Saturday and no repossession was ever mentioned, I did ask what the status of my account was; they claim, after I explained this to them, that no record of me calling was ever logged in their phone system so I couldn't possibly have called. The higher ups at this lender apologized for the error, however, their general stand was that this was Western Union's fault due to the fact that they screwed up the original payment, and that I should take up any grievances with them. Western Union is their online payment processor!
Does this sound right? I do have my car back, thankfully. However, it cst me $1200 additional dollars for reinstament, plus $370 repo/ storage fees (which were not posted at this business anywhere so I have no idea what all I was charged for), and I now have a repossesion on my credit report. One lawyer I spoke with says the fact that they accepted the initial payment before repossesion is the issue I should take up with them, which is why they wanted it rescinded in the first place. Am I just wasting my time?
Thanks for any advice; it is appreciated.