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justcurious May 5, 2011 at 9:36 am

Hiding your car is just putting the problem off for another day. The bank will not give up.

jle4044 May 5, 2011 at 9:32 pm

By what right does the bank not allow you to take it? Mainland or Hawaii, it’s still the United States! Yes, wage garnishments can cross state lines as well as the Pacific, but I wouldn’t be concerned about that yet.BTW, “repossession” only comes in when you stop making payments. Check with your local DMV on regulations for taking vehicles off the island and whether your bank is being truthful or not. If DMV says okay, then tell your bank that you’re taking it with you and if they don’t like that, then you can stop making payments. That forces a repo, which you don’t want, but neither do they; unpaid loans cost the bank, as does doing repo’s. The bank’s only concern is ensuring the repayment of the loan, what your zip code is or whether the car is going to get rained on, too much cold weather, etc. If you were leaving the US, that’s one thing (no international repo’s or garnishments), but it’s still in the US for crying out loud.IMHO, the bank has nothing to risk here and if they’re unwilling to grant a personal loan to cover the remaining balance of the auto loan (may be a collateral issue!), they can’t force you into a repo situation. Is this a major bank or a small island-only bank? Consult DMV or even a lawyer if need be. You were at fault for going upside down on the loan, but as long as you’re making on-time payments, you can’t be forced into the situation you described.

bundysmom May 6, 2011 at 9:25 am

Is it likely there was an error? Sure. But can you PROVE it?That is what it is going to come down to, and unless the call you reference was recorded so the manager can go and listen to it–you’re SOL. Having done auto collections for Nissan, I’m gonna be honest….ultimately YOU are responsible for making sure your payments are made timely and no one elses. After 2 months, heck even after 1 month, you would know something was wrong when you realized your account had more money in it than it should and at that point you should have made the payment. Did you think the bank made an error in your favor?

Steve May 6, 2011 at 9:27 pm

So take the car to the dealer and have the work done. The dealer and the bank are two separate entities so why would they communicate with each other. If the bank wanted to repossess your vehicle they would look for it at your house or work.

SPIFIMAN1 May 7, 2011 at 9:23 am

Auto finance is what I do for a living and the best advice I can give is to listen to Echo she is correct in all she has said.

Todd May 7, 2011 at 9:27 pm

This is a huge mess and I’m sorry you have to deal with it. If everything you have written is true and correct, you are a victim on more than one occasion and won’t be held accountable for much at all.You desperately need to seek the advice of legal council on your base and let them help you sort it out.

mister ed May 8, 2011 at 9:41 am

only god can really insure no one re-pros the truck — but if you have a record of all that has happen thus far i would gamble and send the money — lets look at worst case — you send the money the debt is reduce 3k and the car is still re-pro — it just means you owe 3k to them — remember just because they re-pro a car the debt down not go away!!!

Jen May 8, 2011 at 9:45 pm

Yes, you will be responsible for the difference plus reposession fees and any fees the company incurs to sell your vehicle, as well. For example, the repo fees could include: paying to find the car, picking it up, towing and or gas in the car. Seller fees would be the total that it cost them to sell your car.. auction fees. After they sell the car, they will send you a statement with the amount you still owed minus what it sold for plus any fees. If you owe a balance, it will include a bill.

sarahsmile90 May 9, 2011 at 9:34 am

Yes, you can get your car back. Call the bank, hopefully they have received your payment or will shortly. When the payment is posted to your account and you are current, you will have the opportunity to get your car back. You will have to pay the fee they paid to have it towed and possible a storage fee for the facility it is being stored at. Call your bank, make sure you let them know you want your car, so it does not go to auction to be sold. The repo man will not return it to you, you will have to pick it up and pay any additional fee’s. Good luck.

Rebecca May 9, 2011 at 9:19 pm

You could put the car in a garage overnight and get there the INSTANT they open in the morning.

mmszbi May 10, 2011 at 9:00 am

Been a few years since I was in Special Credits dept, and Im not familiar with the laws in California, but this should get you started. First, get a specific power of attorney for your mom so she can deal with the bank directly. Then she can go and actually talk to someone face to face and get the facts of where you stand. They may already have your truck, most banks will pick it up(repo) within 90 days of first delinquency.If you are military, you may have some protection under the Soldiers and Sailors Act that is giving you some extra time but if I remember correctly you must request that leniency.The military also has legal help, check it out and aska for help. My $.02 worth

blah May 10, 2011 at 9:34 pm

do you have the title??? If not then you should demand the bank takes the truck.

Larry May 11, 2011 at 9:04 am

Pay the money you owe.

toneland May 11, 2011 at 9:39 pm

pay your bills!

SPIFIMAN1 May 12, 2011 at 9:20 am

Auto finance is what I do for a living and you do not want to let the vehicle go back.The lender will sell it at auction for less then it’s worth and come after you for the balance plus all fees for towing, storage, reconditioning, auction, interest, lawyers and anything else they can think of. This will amount to several thousand dollars well over the $8,000.00 to $10,000.00 you are upside down.If you do not pay, they will take you to court and get a judgment, at that point they can attach bank accounts, garnish wages (if your State allows it) and file liens on any other property you may own like cars, boats, land and homes.All of this will show on your credit report for 7-years and make it almost impossible to get any other types of loans without paying massive down payments, fees and State maximum interest rates.Do you really want to let this happen over a $1,000.00 repair?Look, the reality is that 90+% of the people that financed their vehicles are upside down. The only way out is to put huge money down, buy something even more expensive that can suck up the negative equity and raise your payment by $200.00 a month or drive it until the loan is paid off.And as far as buying another vehicle, if you let this one go back your credit score is going to be well below 500 and the only lenders that will approve you are going to be the bottom feeders.

lucy May 12, 2011 at 8:48 pm

when they did not call back, you should have recalled them. 1st; call again; have pen/paper ready. ask name of person you are talking to; ask they spell their name and ask for their id or badge numberif they say go to western union and pay now, do so. ask if there is someone to call to let them know after payment made.make sure you have all of the confirmation information of your transfer so they can note your account. i would even wait an hour or so after talking to someone of your payment to verify noted again.if they repossess your vehicle, not only will you owe the past due, but you will owe the tow fees and storage fees.until payment and confirmation the creditor has, i suggest you “hide” your vehicle to make it more difficult for them to find. my step daughter had this problem, she waited and had till 8pm to send. her mother went with her to verify she did this. it did save her from having her car repo.

Gone By Dawn May 13, 2011 at 9:44 am

Defrauding a secured creditor or debtor:If the DEBTOR (you), with intent to defraud a creditor, sells, assigns, transfers, conveys, pledges, buys or encumbers a promissory note or contract signed by you the debtor;A) Commits a class 3 misdemeanor if the amount owing on the note or contract is less then fifty dollars;B) Commits a class 2 misdemeanor if the amount owing on the note or contract is fifty dollars or more, but less then two hundred dollars;C) Commits a class 4 felony if the amount owing on the note or contract is two hundred dollars or more, but less then ten thousand dollars; andD) Commits a class 3 felony if the amount owing on the note or contract is ten thousand dollars or moreFor the purposes of this section:A) “Security Interest” means an interest in personal property or fixtures that secures payment or performance of an obligation;B) A person is presumed to have intended to hinder enforcement of the security interest or lien if, when any part of the debt secured by the security interest or lien was due and failed:(1) to pay the part then due and(2) if the secured party has made demand, to deliver possession of the secured property to the secured party, the rightful ownerDEBTOR refusal to return the secured property upon demand (MADE NOW) and default may be a criminal violation for which I (we) may be prosecuted. No we do not stalk debtors, frankly in this business we do not have to. If we hit the GAD (given address) 2 times, day and night, and the unit is a no show, the next step is to make contact. If contact can not be made because the phone number and or address is bad, we then hit the POE (place of employment). We give updates to the lender every 3 days. If after several attempts we can not make contact or we know the unit is being hid we have their attorney get a “Writ Of Replevlin”. When the Replevlin order is issued by the courts then and only then does the Sheriff pick you up and depending (as you can see above) on the amount owed to the lender, you can get some jail time for withholding the secured unit from its rightful owner. Do lenders do this? Yes. I have spent 83 days in court this year on behalf of several lenders.You can buy sometime on the “Holiday Hold” that will go out tonight (Friday) at midnight. No one can take your unit until after the holiday hold goes off, depending on the lender it could be the 26th to the 28th.Do what you have to. But keep it in the ack of your head that the lender, even if you pay the note current is going to have you flagged. That means if you get current and you have a payment due on the 16th, if they do not have payment by the end of the day on the 16th, you will go right out for repo, and the chances of getting that unit back are 1 in a million, they will have the repo company take it right to the auction.If you have anymore questions, feel free to e-mail me. Good Luck. I hope next year is better for you.

wizjp May 13, 2011 at 9:34 pm

Odds are they probably won’t do a voluntary repo on a truck. Even if they did, you’ll still have a repo on your credit, all the charges and unpaid balance still left to deal with.Call and ask; never hurts, but don’t get your hopes up.

penn_state_forever May 14, 2011 at 9:05 am

Mark is mostly right. Banks are banks, and they want their money. The only way to clear up your credit, is going to be to take care of this, and trust me, the bank wants it taken care of as well. Though they may sound less than enthusiastic on the phone, call them and explain you want to make good on the loan. Tell them you can’t afford to pay them right now, but you could start making small payments in a month or two. They’ll be happy to be getting some (if not all) of their money back, and it’ll look good for you because you followed through on a loan that went bad. A zero balance repo on a credit report looks way better than one with a balance. For my firm, it is sometimes the difference between approval and denial. We like to know that even if you screw up, you signed a contract, and you’re going to follow through on your end of the bargain.

Anna May 14, 2011 at 8:52 pm

they can still repo it because he defaulted on the payments but if you call the bank and make arrangements then they will not repo it..hope this helps.. o.O