Emergency!! They Repo'd My Car Illegally!!

[tracy1878]

something else funny that i forgot to add... turns out they didn't tow it, they actually drove it! I'm a big girl and when I went to get into my car yesterday, the seat had been moved way up to the steering wheel, i couldn't even get in! I also had a full gas tank, but yet it was magically down to 3/4 tank when they brought it bank.

i know, petty, but hey, gas ain't cheap!

[StaciMM]

Tracy-

Check w/ them to find out when your deadline is. You have to be in the vehicle before dishcarge, of course, but we were told within 30 days of being approved.

About the downpayment, sales tax, etc.

722 has you put down $500. They include the sales tax in your loan. I think they do it that way to at least show you have an interest in the vehicle. (Probably figure you're less likely to default if they don't hand it over with no $$ changing hands.)

After they register the title in your name in OH w/ their lien on it, they'll send it to you and you can transfer it to register in your state. They'll also send a check for the sales tax. In our case, the sales tax was about $448.

We went today to register it, etc. Paid $20 for the tag & $18 for a title fee. Turns out that wasn't the right office to pay the sales tax, but they gave me a #, I called, and found out I can just mail it in w/ a copy of the sales agreement.

We got the car on 10-17. Received the title & paperwork from 722 early last week, and a statement from US Bank last Thu or Fri. Payments are due the 17th of each month, starting this month. Our plan is to pay around the 1st every month though since our rent is due on the 15th. Since the APR is high, something as simple as paying early can make a difference in the end w/ interest.

[StaciMM]

Guess it doesn't matter since you're not keeping it, but towing can cause damage if they don't do it right! (Brother is a repo man.)

something else funny that i forgot to add... turns out they didn't tow it, they actually drove it! I'm a big girl and when I went to get into my car yesterday, the seat had been moved way up to the steering wheel, i couldn't even get in! I also had a full gas tank, but yet it was magically down to 3/4 tank when they brought it bank.

i know, petty, but hey, gas ain't cheap!

[tracy1878]

well, these vultures are back. today i got a certified letter in the mail from our local sheriff's department about a returned check from July in the amount of 60.00 and that if i don't pay it, i'll go to jail.

bear in mind, that they have never filed for a motion to lift the stay, however the call weekly asking for a payment. So i drafted a long email to my trustee that has all the details, here's a copy

Dear Mr. *******,

First, I wish you and your family had a Merry
Christmas. And I'm very sorry to have to bother you
with this.

You may not immediately remember my husband and I, but
we saw you for our 341 on 11/16. We filed pro se, and
had our car illegally repo'd by Mt. Vernon Buy Here
Pay Here. We contacted you and the car was returned
to us the same day, which we greatly appreciated.

A new wrinkle has occured. Mt. Vernon Buy Here Pay
Here has been calling me weekly asking for a payment.
Each time she (Natasha) calls, she threatens me with
repo, even though i repeat the story to her of my
bankruptcy, providing the filing date, case number and
the fact that they were included, along with their
illegal repo and subsequent return of the vehicle.

Today I received a certified letter (# 7005 1820 0004
7348 7923) from them via the Knox County Sheriff's
Department threatening prosecution for a returned
check to them made out in July for 60.00. So I called
them again, spoke with Natasha again, and told them
yet another time of the bankruptcy. This time she got
nasty with me, told me they would not only prosecute,
but again could pick up the vehicle any time. I told
her no, not without filing a relief of stay motion.
Natasha says they are exempt from the law requiring
them to do that and they will pick it up any time they
choose. Now she says that they are not included on
the bankruptcy because they've never rec'd notice from
the court, so i must be lying to them. (According to
pacer, a certificate of mailing to all creditors was
completed)

I am at my wits end with them. They continue to
threaten to take the car any time they choose. Now
today they are threatening prosecution for a debt that
was included in the bankruptcy. They have really made
me wish that we had paid a lawyer to represent us
against them. I really think that is why they are
pursuing this, because they know we do not have an
lawyer. I have tried contacting a lawyer, but no one
seems to want to accept this case, since we have
already filed on our own behalf.

This may be grasping at straws, but at the end of our
341, you stated that we could keep both of our
vehicles. (My husband has an old junker that is
totally paid off) Did you mean I could flat out keep
the Pontiac Grandam? There is not much value on it,
and I know that sanctions can be taken against Mt.
Vernon Buy Here Pay Here due to their actions, and
perhaps wondered if you were leveling a sanction
against them.

Thank you again for all the help you have been, I look
forward to hearing back from you and getting this mess
straightened out.

Thanks again,



anyone else know anything I can try to get rid of these folks?

[bkfiler]

document each time and instance you speak with them, they call you or they come to your house, etc.

let them know you are doing so and will be seeking an attorney to sue them for violation of the bankruptcy stay laws. dont speak with the dumb ***** natasha. speak to the manager only. what they are doing is highly illegal and i would honestly record it imo.

[StaciMM]

The debt of $60 is included in the bankruptcy, but that would not stop them from seeking criminal charges if they are allowed to do so. (In most areas, NSF checks can lead to criminal charges though I have no clue of the severity and repercussions.) And, generally, if a debt is based on illegal activity, it will not be discharged.


Hate to be the devil's advocate, but its better that you consider all sides of the situation.

[tracy1878]

i've done some checking around, there are no criminal charges being filed... this place uses the sheriff's office letterhead to threaten people. I called the sheriff's department just to double check

[bkfiler]

lol, uses the sherrifs office letterhead. i was just wondering. what do you think about that?

[StaciMM]

It might not hurt to ask around and see if any attorneys would be willing to file a case against them for violating the stay, to be paid from any $$ awarded. Seems you certainly have a clear case against them. PS on that-it might be a wise idea to pay the check so they can't file criminal charges before getting rough w/ them. Even though they might be all hot air, if you come after them, they might just return the favor.

Pretty sneaky and low about the letter head and threat tactics... They probably are accustomed to people not sticking up for themselves.

[StaciMM]

Tracy-

I just read the end part of your letter to the trustee, where you asked about keeping the buy here/pay here car. Once you're discharged, they can come and get it if you have not caught up. Unless there is some sort of agreement otherwise, that could happen as early as ~3 weeks from now.

Most likely what the trustee meant about keeping 'both vehicles' was that he was not pursueing them for having more equity than you were allowed. Meaning for the financed vehicle, you would need to be current & stay current.

[Lightning]

Hopefully the version you sent contained correct grammar.

You may not immediately remember my husband and I...

It should be "my husband and me" in this sentence.

Ah well. They'll have a good laugh on you. Before you retort that it's no big deal, just think how you'd react if you received a letter from them containing bad grammar. You'd be posting it here for everyone to mock.

What's good for the goose....

[StaciMM]

Tracy-its the tax or $500, whichever is lesser. Make sure you finish the 722 before discharge, or it will be too late.

[thelitman]

Where can you find information on getting a car loan thru 722?

[Annika]

Hopefully the version you sent contained correct grammar.

It should be "my husband and me" in this sentence.

Ah well. They'll have a good laugh on you. Before you retort that it's no big deal, just think how you'd react if you received a letter from them containing bad grammar. You'd be posting it here for everyone to mock.

What's good for the goose....

I thought you left?

You know .... some of your posts are helpful. Others are truthful and make a valid point, even though the original poster may not like to hear it. And some of your posts are cruel, tactless, and cold-hearted.

There are ways of making a point without insulting people. Have a little respect ... and a little tact! Going through a bankruptcy is hard enough, regardless of whether the situation happened because of their own mistakes, or something beyond their control. Your habit of kicking people when they're down is cruel and unfair.

I don't know if you're a bored kid on Christmas break, a creditor that feels cheated, or simply a troll, but try walking a few miles in someone else's shoes before passing judgement upon them!

[Lightning]

I don't want to walk in your shoes.

I love my friends and family and would never consider their deaths to be a blessing even if they left me millions of dollars. My relationships with them are worth more than money.

I also don't want to file for bankruptcy. Surely you don't want everyone in the world to file just so they can "understand" you? That's pretty stupid, don't you think?

Why don't you walk a mile in my shoes. Never file bankruptcy. Never see the death of loved ones leaving you money as a blessing. Always pay all your bills on time and in full. Never live beyond your means. Never blame other people for your mistakes.