Ohio Car Repossession

[smblkc]

What is the name of your state? OH

My girlfriend has a car loan through Wells Fargo. Apparently, back in February, WF had stopped taking payments out automatically from her account, as was agreed to when the loan was first obtained. Upon discovering this in the beginning of March, she had called them several times to try to rectify this problem.

She would call and give her checking information, and would then be told by the representative that everything was okay. A few days later, we would receive a leeter in the mail verifying that payment for $xxx was posted on whatever date. Yet, they still did not take the money out. Numerous calls later, there seemed to be no resolution. We have 6 or 7 of these letters stating that they had posted the payments....

Now, we have repo men knocking on the door and stalking our home. WF finally stated that they show where payments were made, but returned "non-existent account", meaning that they were apparently entering the info wrong. They never told us that this was the issue until after the repo threats. Unfortunately, the money that was in the account that WF was supposed to take out almost 2 months ago had to be used for other bills.

Does anyone have any suggestions? We will be speaking to a credit counselor on Thursday.

Thanks!What is the name of your state?

 

[acmb05]

What is the name of your state? OH

My girlfriend has a car loan through Wells Fargo. Apparently, back in February, WF had stopped taking payments out automatically from her account, as was agreed to when the loan was first obtained. Upon discovering this in the beginning of March, she had called them several times to try to rectify this problem.

She would call and give her checking information, and would then be told by the representative that everything was okay. A few days later, we would receive a leeter in the mail verifying that payment for $xxx was posted on whatever date. Yet, they still did not take the money out. Numerous calls later, there seemed to be no resolution. We have 6 or 7 of these letters stating that they had posted the payments....

Now, we have repo men knocking on the door and stalking our home. WF finally stated that they show where payments were made, but returned "non-existent account", meaning that they were apparently entering the info wrong. They never told us that this was the issue until after the repo threats. Unfortunately, the money that was in the account that WF was supposed to take out almost 2 months ago had to be used for other bills.

Does anyone have any suggestions? We will be speaking to a credit counselor on Thursday.

Thanks!What is the name of your state?

Yea, Don't spend money that is for your house payment on something else.
Emergency or not, what would you have done if they had been taking the payments out and this emergency came up?

Let me guess, HomeQ is servicing this account for Wells Fargo. They are notorious for screwing things up.

 

[TigerD]

My girlfriend has a car loan through Wells Fargo. Apparently, back in February, WF had stopped taking payments out automatically from her account, as was agreed to when the loan was first obtained. Upon discovering this in the beginning of March, she had called them several times to try to rectify this problem.

Wells Fargo is under no obligation to process ACH payments for your girlfriend. Making the payment is her responsibility.

She would call and give her checking information, and would then be told by the representative that everything was okay. A few days later, we would receive a leeter in the mail verifying that payment for $xxx was posted on whatever date. Yet, they still did not take the money out. Numerous calls later, there seemed to be no resolution. We have 6 or 7 of these letters stating that they had posted the payments....

Wells Fargo is under no obligation to process ACH payments for your girlfriend. Making the payment is her responsibility.

Now, we have repo men knocking on the door and stalking our home.

And you are hiding the asset, why?

WF finally stated that they show where payments were made, but returned "non-existent account", meaning that they were apparently entering the info wrong. They never told us that this was the issue until after the repo threats.

It isn't Wells Fargo's job to track your girlfriend's checking account info. Wells Fargo is under no obligation to process ACH payments for your girlfriend. Making the payment is her responsibility.

Unfortunately, the money that was in the account that WF was supposed to take out almost 2 months ago had to be used for other bills.

So you failed to make the payment and are interfering with the repossession. Have you researched your state laws on the penalties for that? Is it criminal?

Does anyone have any suggestions?

Return the stolen car.

We will be speaking to a credit counselor on Thursday.

Talk to a lawyer.

You should know that under Ohio law -- they don't have to take the car -- they can just destroy it and leave it on your property. Oh, yeah, and charge you full price.

§ 1309.609. (UCC 9-609) Secured party's right to take possession after default. (A) After default, a secured party: (1) May take possession of the collateral; and (2) Without removal, may render equipment unusable and dispose of collateral on a debtor's premises under section 1309.610 of the Revised Code.

 

[smblkc]

Wells Fargo is under no obligation to process ACH payments for your girlfriend. Making the payment is her responsibility.

Actually, the automatic bank withdrawal was a contingency of the loan agreement. She had to agree to making payments via this manner in order to secure the loan. I have had a similar loan in the past....

If she is not there when the repossessors are, then what do you expect her to do, walk everywhere? Another factor that I had forgotten is that she did make a payment in the amount that they had initially stated would take her account out of collections. However, this was apparently not so.

And, yes, I have researched Ohio law, which is why I know that the ORC § 1309.609 also states that a judicial order order needs to be obtained unless rendering the vehicle can be done without a breach of peace. Though dramatic, I do believe that the method you describe to render the vehicle unusable may be somewhat of a breach.

Then there is this part of that particular ORC: "(C) If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place that is designated by the secured party and that is reasonably convenient to both parties." The repo guys do not identify themselves and refuse to leave contact information for her to make any arrangements.

I do agree that she needs to talk to an attorney. However, I do believe that you could have said so much without insulting our character. While we are well aware that keeping track of our finances is our responsibility, WF should be under obligation to keep to there agreed-upon payment arrangements, as well. The least would have been to give us prompt notification of a problem with the account so that we could have handled it then and not now.

 

[fairisfair]

Yea, Don't spend money that is for your house payment on something else.
Emergency or not, what would you have done if they had been taking the payments out and this emergency came up?

Let me guess, HomeQ is servicing this account for Wells Fargo. They are notorious for screwing things up.

Hello???? It's a CAR loan.

and what emergency are you talking about?

 

[longsally111]

here u go

I have had dealings with wells fargo myself and can tell you that if you look on the internet, you can see where they screw people on a regular basis. Tell them that you will start making payments and make extra on them to catch up on the past due ones. If they dont take the deal, give up the car and get another one

 

[smblkc]

I have had dealings with wells fargo myself and can tell you that if you look on the internet, you can see where they screw people on a regular basis. Tell them that you will start making payments and make extra on them to catch up on the past due ones. If they dont take the deal, give up the car and get another one

That seems to be the most logical answer to this dilemma. They are willing to deal, but we have to wait for the beginning of the month when my disability check comes in to send them something.

We're hoping that the credit counselor will stall WF from any continued action until an agreement is finalized. Otherwise, it may be attorney time.

 

[ForFun]

That seems to be the most logical answer to this dilemma. They are willing to deal, but we have to wait for the beginning of the month when my disability check comes in to send them something.

We're hoping that the credit counselor will stall WF from any continued action until an agreement is finalized. Otherwise, it may be attorney time.

They have no choice but to "deal."

1309.623 Right to redeem collateral - UCC 9-623.

(A) A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral.

(B) To redeem collateral, a person shall tender:

(1) Fulfillment of all obligations secured by the collateral; and

(2) The reasonable expenses and attorney’s fees described in division (A)(1) of section 1309.615 of the Revised Code.

(C) A redemption may occur at any time before a secured party:

(1) Has collected collateral under section 1309.607 of the Revised Code;

(2) Has disposed of collateral or entered into a contract for its disposition under section 1309.610 of the Revised Code; or

(3) Has accepted collateral in full or partial satisfaction of the obligation it secures under section 1309.622 of the Revised Code.​

Find out how much you owe WF (which may include collection fees), and then make payment by check in person.

 

[ForFun]

You should know that under Ohio law -- they don't have to take the car -- they can just destroy it and leave it on your property. Oh, yeah, and charge you full price.

That's absurd and incorrect.

 

[smblkc]

That's absurd and incorrect.

Thank you, ForFun, for the advice. I think that debtcollector just likes to "kick'em when they're down". Just look at what his/her location is....

It is quite absurd, and honestly not exactly what I was looking for. If we are screwed, then we're screwed..... But no one needs to put up that kind of ridiculous sarcasm.

 

[TigerD]

That's absurd and incorrect.

Great -- prove it.

 

[fairisfair]

Thank you, ForFun, for the advice. I think that debtcollector just likes to "kick'em when they're down". Just look at what his/her location is....

It is quite absurd, and honestly not exactly what I was looking for. If we are screwed, then we're screwed..... But no one needs to put up that kind of ridiculous sarcasm.

In all honesty, I don't like him either. Debt collector, you are possessed by the "power" in your pitiful job, someday; it will eat you up as well. However;

http://codes.ohio.gov/orc/1309.609

see #A (2)

 

[TigerD]

In all honesty, I don't like him either. Debt collector, you are possessed by the "power" in your pitiful job, someday; it will eat you up as well. However;

http://codes.ohio.gov/orc/1309.609

see #A (2)

Um, okay -- that is the same code I quoted with my comment.

 

[Zigner]

OP -

Your problem is that you spent the money for something else already. You should have left the money sitting there and found another way to pay those other bills. Or, you should have taken the money in person to a branch and made a payment. For whatever reason, you did not make payment on the loan.


(You=your girlfriend, of course)

 

[ForFun]

Great -- prove it.

First, "dispose" generally means "liquidate" in legaleze (not "destroy").

Second, according to 610 (which 609 references)...

(B) Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable. If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by one or more contracts, as a unit or in parcels, at any time and place, and on any terms.

Last, I can't imagine that a court would state that selling a vehicle for "one-tenth of the purchase price established nine months earlier is commercially unreasonable," and yet find that destroying the vehicle is a-okay. (See Peoples Acceptance Corp. v. Van Epps, 395 N.E.2d 912, 60 Ohio App.2d 100 (Ohio App. 8 Dist., 1978, and about 5000 other cases in which price and the like was the issue).