Anyone having trouble with Wachovia and surrendering auto? They won't come get it!

[Noodle Mama]

Hubby and I filed chapter 7 pro-se on 8/1/08, and our case was discharged 11/5/08. (woohoo!)

Our 1999 Acura TL with 130K miles on it was included in the BK. We bought this car used in Jan 2007 for $10K and there was about $4000 still owed on it at the time of filing. We just wanted to let it go. I called Wachovia about a week after the 341 and they told me they were just waiting for the official discharge to come get the car. Ok, fine.

So the discharge day comes and goes. About a week later we get a form letter in the mail from wachovia saying that since we did not surrender, reaffirm, or redeem the vehicle, we needed to call them to arrange pickup. So I call the number on the letter, and the line just rings and rings. No voice mail. Every day I have called and the same thing happens. No answer. The reps on the "regular" wachovia 800 number say they can't help me or bring up my account, and that I need to call the bankruptcy department, which is the SAME non-answering number on the form letter.

Its been a month since discharge. Do you all think they just let the car go because the auto industry is so bad right now? That would be great, but I don't want to come out the grocery store to NO CAR one day.

[dadkrs]

I have been having the same problem with Ford Credit. Car is here and still no one comes for it. Been 2 months.

[Noodle Mama]

That's peculiar, since all I've ever heard about Ford is that they are quick to come and get your vehicle after BK. Hmmmm.

I've also tried to find info for the state of Texas to see if there are any laws regarding abandoned vehicles with no luck.

[AngelinaCatHub]

Hey Noodle Mamma: Count your blessings. You have a free car. Log your attempts and leave nothing of value in your car. Save $10 bucks and tuck it away in your wallet for a CAB if and when they nab your car. I would write a certified letter for your protection so it doesn't look like you are hiding the car. Then, drive free. Keep insurance on it though. 'Hub

[magyar123]

Amd don't forget Wachovia was just taken over by Wells Fargo. They might not yet have their s..t gotten together yet.

[Dirk Squarejaw]

I'm driving my Ford until they come get it. Who knows how long it will take. I'm not quite a month behind since I quit paying on it. I drive it to work and a little here and there, but am by no means "hiding" it. Its at my house 12-14hrs/day and they would have no trouble getting it at night. Oh, well. Other than insurance and gas its free for now.

[GreenInkOnPaper]

A friend of mine asked me about a car he surrendered in his BK. Financed through Capital One. He filed in May, discharged 60 days later and he can't get them to come get the car. Said he notified them of the car's whereabouts. I said OK to drive it till they come get it as long as he keeps it insured. Now - you'd only have to keep liability on it, right?

[MomIcantFindmy]

We were discharged in August and we are still driving TWO of the cars we filed on. We, like others, have called and told them where to come get it. I am planning on driving them through the winter because they drive better in snow (if all goes well..if not..so be it) and then in spring I am applying for salvage titles on both of them.

Side note...(Mother worked for bank collections for a while). I was told that a large bank (my car loans are Bank of America) would rather show a delinquent loan on the books than possession of property. Apparently they can only hold so much physical property in assets. There may just be way too many cars being impounded at the moment.

[Noodle Mama]

Well, this situation is more common than I thought. I still carry insurance on it, but I dropped the comp & collision coverage when we filed. I haven't made a payment on this car since August and it was two months behind at that time.

On our credit reports it shows the car loan included in the BK...so I guess maybe we do have a free car? I am still getting statements from Wachovia but there is never a due date on the invoice. Well, if anything, its free for now.

The car needs a timing belt replacement and new brakes, though. I am convinced that the MOMENT I get the work done on the car is when they will decide to come get it. Isn't that the way it always happens?

[magyar123]

If you really don't want the car any longer, drive it into the lender's parking lot, siphon all the remaing gas into another car driven by your spouse, kid, friend. Walk the keys inside, give it to the receptionist, and walk back again. But make sure all the gas is out of the car.

[MomIcantFindmy]

The car needs a timing belt replacement and new brakes, though. I am convinced that the MOMENT I get the work done on the car is when they will decide to come get it. Isn't that the way it always happens?

I need to put 4 tires on the car we have but I am also afraid once I spend the money they will take it. Maybe one used tire at a time instead..JK

I am scared to take the collision and comprehensive off the cars. My thinking is that I am borrowing someone else's property (since I don't have the title). I don't want to get sued should I have an accident that is my fault and then the owner/creditor comes to collect their vehicle......could complicate my life. Am I wrong here?

[Noodle Mama]

I need to put 4 tires on the car we have but I am also afraid once I spend the money they will take it. Maybe one used tire at a time instead..JK

I am scared to take the collision and comprehensive off the cars. My thinking is that I am borrowing someone else's property (since I don't have the title). I don't want to get sued should I have an accident that is my fault and then the owner/creditor comes to collect their vehicle......could complicate my life. Am I wrong here?

My thinking is - Yes, its someone else's property, but why is it my responsibility to pay for THEIR interest in it if I officially surrendered it, you know?