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#1 of 138 Repossession Stories and Questions
Dec 29, 2006 (5:52 pm)
Repossession Gone Wrong-
Repo agent entered private property and secured the vehicle being repossessed to wrecker.
Owner of vehicle confronted the repo agent by chasing and yelling at the agent while they were in the wrecker with the vehicle in motion.
Wrecker hits another vehicle not involved in the repossession and does not stop at time of collision and does not go directly to police station to report the accident.
The bystander who's vehicle was hit calls the police and waits for them to arrive and files report.
Interestingly enough, the vehicle the wrecker hit is a brand new 2007 SUV with less than 100 miles on it, and is nearly $40,000 MSRP. The damage is several thousand dollars at a minimum.
The repo agent notified to local police of the repossession before it happened.
The repossession took place at a manufacturing plant where the owner of the vehicle being repossesed was an employee. Repo agent did not notify the company of the repossession or have permission to be on the property and the property is posted no trespassing.
1. Is this a lawful repossession with respect to Breach of Peace?
2. Is it lawful to repossess on private property of a third party?
3. Besides leaving the scene of an accident, what other trouble is the repo agent in?
This occurred in Illinois.
#2 of 138 I had a 2005..........
Dec 29, 2006 (8:01 pm)
I had a 2005 Acura TL, and it was repossessed. What happen in my case was my Acura dealership convinced me to sign up for this sub contractor that would handle the drafting of the funds out of my account. The drafting company never owned up to their end of the bargain and never drafted the money out of my account and blamed the dealership for having the wrong scheduled drafting dates. The dealership said that was hawg wash because every customer has the money drafted every other Friday. It went on for 3-months and after numerous requests by myself from honda to do a direct contract through them they came and repoed my car. They at first wanted me to pay my missing car payments and I told them I would once I got a legal contract from them. I told them I'm not going to send you money and you still come repo my car for being late which isn't my fault. The lady I talked to said the drafting company wasn't elgible to draft money out of my account because they weren't on the HFB list. I asked her then what in the hell is your dealership doing signing me up wih this company if they aren't elgible to draft ?????? Well this back n' forth went on for over a month or so and after thinking HFB was finally going to fix the problem they created a worse situation. At the end of the day the dealership and drafting company stuck to their guns and did nothing to help me and HFB just wanted their money. Everyone I talked to for 3 months was going to fix the problem and I got apology after apology with no action. HFB sent a wrecker service to repo my TL in the summer of 05, and to make a longer story short I filed a law suit against the drafting company for "breach of contract" and they settled out of court for $55K after playing games with me for almost a year. The drafting company never called or sent me a letter notifying me they canceled the contract which was the shot in the heart for them
I wouldn't wish the stress it caused I and my family on my worst enemy.
#3 of 138 Re: I had a 2005.......... [rockylee]
Dec 29, 2006 (8:20 pm)
More important - did their error wreck your credit in any way or were you ultimately spared that catastrophe? A repo is a horrible thing to have on your credit report. My girlfriend manages several rental properties and a repo on your credit is an automatic rejection for any applicant.
#4 of 138 Re: I had a 2005.......... [lemko]
Dec 30, 2006 (8:28 am)
Lemko, I had my credit ruined and it wasn't until about 3 months ago it finally got fixed. Worst yet pal I hold a Clearance and I had to go through that disaster at work. I had to open my life up further to the government so I wouldn't lose it and explain what happened and fax and send several articles of paper work and filled out forms. Dude it was a mess.
#5 of 138 Re: I had a 2005.......... [rockylee]
Jan 02, 2007 (6:55 pm)
This is exactly why no smart dealer will even think about accepting a draft!
#6 of 138 Back when I was in college...
Jan 02, 2007 (7:15 pm)
Making 2.00 per hour pumping gas part time, a buddy of mine who was 6'7" and BIG got a part time job "popping" cars at night.
Logic would dictate that people who don't make their car payments, should expect to have their cars repossessed, right?
And one would expect them to hand over the keys without hesitation, right?
Well, as my friend quickly found out, most of these folks took a dim view on having their cars popped at 2:00 in the morning. He was yelled at, swore at, chased and twice, fired at.
He made just fantastic money but one night he decided to end his career abruptly. Seems he popped a guys Cadillac in south Central L.A. and the guy took GREAT offense to this and chased him down the Harbor Freeway with a neighbors car after shooting at him.
That was the end of that!
#7 of 138 Re: Repossession Stories and Questions [moparbad]
Jan 03, 2007 (2:56 am)
Anyone able to answer the original question(s)? I found this very interesting. I have my opinion, but it doesn't mean much... I'd think the owner of the damaged vehicle will go through the insurance company. It would be great if they also pressed charges. Unless the 3rd party (company) presses charges, nothing will come of the private property "no trespass" issue. That my opinion.
#8 of 138 Re: Repossession Stories and Questions [moparbad]
Jan 03, 2007 (7:03 am)
Like gasman1, I am not a lawyer nor do I play one on TV. Just my opinion.
1) Yes. I would think the actual repossession of the car is separate from the other acts. In other words, the car was going to be repo'ed. They chose to do it at work rather than at home probably because they knew they could find the car there.
2) Agree with gasman1, this is up to the company to press charges if they choose to. My guess is if the repo company takes care of the damaged car, the company will let it go. What is the penalty for trespassing??? Also since he did notify the police before the repo, they may have given him the "OK"
3) Since they notified the police before the repo (you don't mention if they contacted the police afterwards), not much else. Of course they will have to take care of the damaged car. I'm sure the repo man will claim he felt threatened since there were "multiple people" there screaming obscenities and chasing him. (May not be true but I'm sure this is what he will tell the police). Plus his job is to get the car back to the shop first. YOu don't mention if he did call the police, only that he did not go directly to the police station.
#9 of 138 My friend, the REPO man
Jan 03, 2007 (7:46 am)
is now a Region Manager of our company. Great guy! His first position after college was with a bank and in their REPO department. He has some neat stories. He was placed there due to his youth and size (played college football). He was willing to begin at the bottom rung and move up the ladder. However, the bank was bought out by a big bank and his position (as well as many rungs of the ladder)were absorbed into the big bank. He and I began about the same time as District Managers and we've both enjoyed the rewards of working hard.
Jan 03, 2007 (7:51 am)
Repo agent and recovery company are not cooperating.
Police department stated they were going to charge the repo agent with leaving the scene of the accident among other charges if they did not take responsibility. Not sure if this actually happened during the holiday break.
Vehicle is at bodyshop being repaired and insurance company is on the hook at this point.
Company attorney has been consulted, though it is not public what action will be taken.
A lawyer that I personnally know said the repossession had a decent chance of being found as illegal/improper in a court due to breach of peace during the repossession. I suspected as much.
Will be interesting to see how this all turns out. I will update as more is known.