Need some legal advise please

[Speedy]

I know someone on the board is a lawyer but not sure who. I Nick aka Whiteout but don't see him on here anymore. Anyways. I'm getting home from work yesterday and there is a tow truck in the drive hooked up to my GF's car and I was like I don't see any damage and it's only 3 years old so it can be broke down, sure enough it was a repo guy

She never received any notices or phone calls about late payments or anything so she calls the bank and they say that she missed her June and July payments. She goes online to her bank account and it has 2 payments in May and none for June and July. So it's been 24 hours and the loan bank is saying they still have no file on her car saying what she owes to get her car back. I'm more pissed that they never contacted her and now they are going to jack her credit up when a simple phone call or letter back in June or July would've gotten this fixed and payed. What recourse do she have to protect her credit and get her car back? I told her that once this is over I want her to refinance it through a credit union and not fricking Allied hacks

TIA
Mike

I would've been on the phone with my lawyer yesterday

 

[Tin]

Is she absolutely positive they never tried to contact her? I find that very hard to believe, especially from an outfit as large as Allied with their large collection department. Most places will make contact by the 30 day mark, either by phone or mail. The only way she can get her car back (usually) is to pay the delinquency, repo fee, and storage costs. As far as her credit, anything more than 30 days late goes on the credit report.

 

[Speedy]

Yeah no contact of any sort till the repo guy was backed up in the drive hooking it up. I find it funny (not really) that they knew where the vehicle was but couldn't mail a letter or call her

 

[Tin]

Yeah no contact of any sort till the repo guy was backed up in the drive hooking it up. I find it funny (not really) that they knew where the vehicle was but couldn't mail a letter or call her

She should contact Allied and ask for the stuff they supposedly sent. Collections departments document activity taken against debtors.

 

[DetroitStyle]

I suspect she isn't telling you the whole story...

 

[Speedy]

Thanks I'll tell her to ask off the notices

 

[Tin]

Was she on auto pay with Allied? I noticed you said the delinquent payments were for June and July, so I'm assuming the successive months were paid on time. There's a possibility there could've been a hiccup in the ACH system on Allied's end. If so, they will try to pin the blame on her, but keep in mind that when on auto payment, Allied would be considered the originator. When an originator, they request the money and then her financial institution honors the request. If she simply logs in monthly and initiates the payment herself, then her financial institution would be the originator. Most times, when the debtor's institution is the originator, they will simply mail a check to Allied. I've seen it happen a few times where somebody's payment gets lost in the mail from using online bill pay through their financial institution.

 

[BigWheelinBubba]

Did she recently move or change her phone number without updating her contact info with Allied? Because their collection department would be calling and sending notice at the 30 day mark.

 

[Droptoplt1ta]

I suspect she isn't telling you the whole story...

THIS!

Or

She has another phone# or address on file with them.... No way they would pick up car without notices!

 

[nitrouspete]

park it in the garage next time man. haha they cant get it that way!

 

[MarkVIII93]

THIS!

Or

She has another phone# or address on file with them.... No way they would pick up car without notices!

Never know with women. No offense to OP...


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[Tin]

park it in the garage next time man. haha they cant get it that way!

There's no hiding from the repo man

 

[91trunk]

So she didn't think something was wrong when June and July payments weren't taken out of her bank account? Not trying bust your balls, but I know if my bank account has extra money I go looking for the problem.

 

[1BADAIR]

Not sure about a car payment but did her bank change names? I had 2 months of direct deposit checks get rejected and my employer changed them to actual checks without telling me. With them being direct deposit I never opened them. Lol after two months I noticed my account was screwed up

 

[Speedy]

She moved in with me in March and changed all her stuff. They had the proper address on file. They are sending out the letters and the break down of the $1800 in fees. We don't talk about finances usually but that's gonna change. She had know idea she was behind till she walked out of the backyard and the repo guy had it on the hook. I'll keep you guys up to date once I find out what happen. I guess she don't check her account to often, I check mine a few times a week

 

[Billydroveit]

So she didn't think something was wrong when June and July payments weren't taken out of her bank account? Not trying bust your balls, but I know if my bank account has extra money I go looking for the problem.

^^This Cant be hands off on bank accounts, specially with all these autopays, and electronic F ups, and credit thiefs. Sounds like your girl just learned an expensive lesson.

Hope it all works out for you.

 

[kammi10]

So she didn't think something was wrong when June and July payments weren't taken out of her bank account? Not trying bust your balls, but I know if my bank account has extra money I go looking for the problem.

same here... i check mine almost every day. bank and CC account to see if everything looks ok

 

[Pwraddr]

So what happened on this?