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Old 07-16-2008, 06:20 AM   #10
Lil bastard
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Join Date: Feb 2008
Location: Du Monde
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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.
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Last edited by Lil bastard; 07-16-2008 at 10:47 AM.
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