Car got towed yesterday .. would appreciate some insights

Originally Posted by nefarious986

EE3, she does not own the car clean and clear. Some mix up with out of state dealers or what not had the car titled with ONLY her name as owner.

She still is supposed to be paying the loan.

Btw, you guys are great. Just advice, no judgement. Everyone lands on hard times and miss a payment sometimes. I had this same post up at the Ferrari and I got flamed hard. I guess Ferrari owner's **************** don't stink.

Trust me, I'm not judging, I have been out of work a full six months, have two interviews this week, fingers crossed. If the clean title is an error then as much as it sucks they have the right to tow. Producing a document that is erroneous won't help. I don't think you have a legal angle if I'm understanding you correctly.

Perhaps they would have given a longer grace period in better times, with the failure of lending institutions on the news every night, I'm sure the tolerance for missed payments is as low as ever. As for a Ferrari BB, what can you expect? Most of the guys who buy those are remarkably solvent, no excuse for being bastards but no shock either, good luck dude.

[Brucelee]

Sounds to me like you only issue is with the towing company, ie its rude behavior. To be fair, these guys often get assualted so they are not going to wait for your sister to go get the title, as many times, this would be a gun or knife or bat.

In the end, you have to make the payments. The rest is just plain upsetting but will likely just end up upsetting you more.

Nefarious986, many of us here are x-Ferrari owners. We got fed up with all the BS and egos, and decided to just buy a better car.

We took the proceeds of our sale and put about $15K in the bank for future RMS and IMS issues, and with the rest bought Apple stock, oil futures and Euros.

Who's laughing now?

[Perfectlap]

Originally Posted by bmussatti

Nefarious986, many of us here are x-Ferrari owners. We got fed up with all the BS and egos, and decided to just buy a better car.

We took the proceeds of our sale and put about $15K in the bank for future RMS and IMS issues, and with the rest bought Apple stock, oil futures and Euros.

Who's laughing now?

Did somebody say Apple Stock?!

tip o' the day. S-c-h-l-u-m-b-e-r-g-e-r (SLB) $95
They report on Friday July 18th. One analyst just raised the target to $150 or something. Those analysts are usually never bearish enough or not bullish enough. If they beat numbers and report higher guidance You'll be on a 50% gain within a year.

[Paul]

Some of us also bought FINL at $1.65 in January.....

[rick3000]

I invested some spare change in Apple last year. I should have bought more, because it's increased by 40%. It's at $170 right now, and the year end estimate is $200-220.

[Paul]

FINL $1.65 in Jan, $9.52 today...... :dance:

[Lil bastard]

Agree with Brucelee.

The Loan Co. was well within it's rights if the payments were in arrears. The lack of a title naming them as lienholders does not supercede a signed contract between them and your sister and this was surely cited when filling out the repo order.

Playing Devil's Advocate here for a moment, I wonder if there isn't more to it that we don't know. Did your sister contact them and try to work things out upfront? Has she been in arrears before this? Agreed that many people get behind, especially in times like these, but Finance Cos. are not Credit Counselors, or psychologists. Their role isn't to coddle people during tough times, though many will 'work' with people rather than go the drastic and expensive step of repossesion. For many Finance Cos., who's primary responsibility is to their investors, their hands are tied in such instances because of their fiduciary responsibility to their investors.

The Tow Co. is just a go-between. They are acting upon what they accept as a legal order. 'Rude' behavior is subjective and is often cited when a person does not get the response they want to hear. They were under no requirement to wait and see and validate any paperwork your sister may, or may not, have on hand. Yes, they could care less, but again that's not the business they are in. More often than not, as Brucelee explained, things turn sour if they try to accomodate the owner. I worked one summer (while in school) as a Process Server - the 'Bad News' Mailman ! It was incredible to me the reaction of some people - I was threatened at gunpoint, even shot at once, just for being the (by Law) disinterested 3rd Party simply disemminating the paperwork. At $12 per service, there wasn't a lot in terms of personal or property abuse I was willing to endure - I usually turned and left immediately after handing them the papers. I didn't want to hear any explanations (there ALWAYS was one) because I was not a party to the dispute at all, though people often failed to recognize this.

Likewise, the Police were proper and correct in not getting involved. You're asking them to act as Judges in what is essentially only a paperwork error. These are matters for the Court, not the Police. The car was NOT stolen... the Lienholder acted within their rights.

Unless the car is damaged after the Tow, you really don't have a claim against anyone for anything. And yes, expect the Loan Co. to tack on any expense they incurred in this incident. They are entitled to do this, and somewhere in the Loan paperwork (fine print), your sister was both notified, and agreed, to this.

Sorry to say that the Finance Co. was acting upon their clear interest in the vehicle, even though there was no title stating that right (the Loan Paperwork probably states that your Sister has the responsibility to have the Lienholder named on the Title...and the Insurance for that matter. Her failure to acquire this, that does not eliminate the Loan Co.'s interest).

It's not that I'm unfeeling for your frustration, but it's probably in your best interest to forget the whole thing and devote your energy and resources to aiding your sister in avoiding any future incident instead of trying to 'Prove' you're right... because you're not.

Hope both you, and your sister's, lot improves.

[Topless]

Yep,
As I understand it the loan documents supercede all title documents especially if they were filed in error. If it were my car I would get the payments current today. pick up my car, have a long, slow, cold beer in a frosted mug and chalk this day off as one lousy thorn in a bed of roses.

Going to battle with a towing company is an exercise in futility. Those guys just love a good bloody brawl. Even if you prevail the process will be so painful it will take 5 years off your life. Surely you have more interesting ways to spend your time.

[renzop]

Sorry to be judgemental but the suggestion that somehow an error in paperwork supercedes an agreement between your sister and the loan company is sad and irresponsible.

My take is that your sister missed two loan payments and the car was repossessed. She signed a loan agreement for a secured loan. The loan security was the car. She has some incorrect paperwork that says she owns the car free and clear. But that is meaningless.

She owed someone money and didn't pay. She lost her car. Tough luck. Take responsibility for your actions. I hate it when people try to take advantage of someone else's error.