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  1. Jessica Barker

    Jessica Barker Law Topic Starter New Member

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    I put $4,000 down on a vehicle Feb 27th 2019 which the rest was a in-house loan done thru the dealership. I ended up getting behind in a few payments. I'm in school and receive financial aid so at the time i let them know I was coming in to pay what I owed 06/14 but I didn't get to I went to my classes like usual on 06/13 an i came out of class and my vehicle was gone!!!! I never received anything stating this was happening via, mail,email,an not even them calling me either. I was then told i needed to pay what was owed plus another $300 for fees but even if i did that the manager told me it was up to the owner if he even wanted to allow me to retrieve it. I then tried over and over to get in contact with him with no luck. I finally got a response from manager Day telling me it was now over the 15 day mark that i had to get my vehicle and that they have already got ride of all my belongings changed oil, cleaned and sent it to detail to be put back on the lot for sale!!!!
     
  2. justblue

    justblue Well-Known Member

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    What did you think would happen when you didn't pay your car note for months?
     
  3. despritfreya

    despritfreya Active Member

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    Agree with justblue. Good lesson to learn. If one does not pay for the car one does not get to keep it.

    Clearly you could not afford it. What about borrowing money from a family member who is not likely to ask for the money back and buying a cheap vehicle so that there are no car payments? What about borrowing a car? What about public transportation? What other options can you think of?

    Des.
     
  4. Zigner

    Zigner Well-Known Member

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    You did receive notice - it's in the contract that you signed and then blew off.

    Do you really think they're going to warn you prior to a repo? Why would they do that? Why would they allow you time to hide the car from them?
     
  5. mightymoose

    mightymoose Moderator

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    In Wisconsin it is apparently required by law. Failure to give appropriate written notice and wait 15 days before reposessing the vehicle is an unlawful reposession.

    If there truly was no written notice there may be action to take. Visit a couple local attorneys to weigh your options.
     
    army judge likes this.
  6. Jessica Barker

    Jessica Barker Law Topic Starter New Member

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    Thank you for not being mean every other person on here giving me advice is really not giving me anything but negative comments like geezzz, I NEVER received anything I swear, an i was in constant contact with the dealship up until they came an took it, so they knew i was coming july 5th the day my school funds were being deposited but instaed they played along knowig the whole time they werent even going to open that day or the rest of the weekend for that matter so come monday moring is when i called them before i was coming to inform them sence its in another town then i live in and thats when i was told i was over the 15 days sence it was picked up an that legially the owner doesnt have to except the money or give me my vehicle back but yet they already had my truck detailed washed oil changed and ready for resale!!!!
     
  7. sandyeggo

    sandyeggo Member

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    You didn't make it a priority to do what you told them you'd do and you're surprised it got repo'ed? Why? You should have called them if you weren't going to come in to pay when you were supposed to. Did they know and agree to waiting for their money until a much later date?
     
  8. army judge

    army judge Super Moderator

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    Okay, but then you post this date:

    First and foremost, a lender isn't required to alter or amend the terms of a loan agreement because a debtor can't pay what was agreed to be paid on time.

    If you aren't paying your note on time and in full, you have probably breached your lending agreement and subject to some unpleasant and disagreeable sanctions.


    No one has been mean or abusive towards you.

    Don't confuse opinions that disagree with your view as mean, just because people don't say what you wish to be said.

    People are merely offering you their opinion, which you can choose to ignore.

    I suggest you start by reading the purchase contract and all other documents you signed related to the sale of the vehicle.

    That is where you will find ALL of the answers to ALL of your questions related to the repossession of the vehicle.

    You might also wish to read this WI statute:

    Wisconsin Legislature: 425.209

    Wisconsin Lawyer: Wisconsin's New Automobile Repossession Law: Creditors in the Driver's Seat:

    Creditors now can declare consumers in default and repossess motor vehicles without court intervention. The enactment in April 2006 of 2005 Wis. Act 255 puts creditors firmly in the driver's seat and leaves consumers waving goodbye to their vehicles and consumer protections.

    On April 13, 2006, Wisconsin's motor vehicle repossession law changed in a significant way when provisions took effect that allow creditors to repossess motor vehicles without judicial process. This article reviews changes in the repossession law and provides an overview of some of the problems these changes create for consumers, creditors, lawyers, and the courts. In addition, this article briefly discusses how the changes in the repossession law are emblematic of the slow but steady erosion of consumer rights previously enshrined in the Wisconsin Consumer Act.

    A scenario:

    To illustrate the significance of the changes in the repossession law, assume you are a general practitioner representing individuals in a variety of areas, including handling the occasional consumer protection case. You have a working knowledge of Wisconsin's law of repossession, enough to know that the law does not take kindly to so-called "self-help repossession," that is, repossession without a court order. One day, a potential client, a single mother of three young children, comes to your office claiming the used car she bought was repossessed from her driveway early that same morning. She had fallen behind in her car payments after being laid off from her job. She received a letter a few weeks ago from the financing company but ignored it because it contained lots of "legal words" and she was preoccupied with looking for work while raising her three kids. She insists that she never received notice of a court hearing or a post-hearing judgment. That she would have paid attention to.

    You start to think your new client may have a very solid case of illegal self-help repossession, which would entitle her to significant damages: the return of her car (or its value at the time of repossession if it was resold) and reimbursement of all of her payments to date, plus her attorney fees.

    She leaves your office with a decidedly lighter step than when she arrived. You start to research the most recent version of the Wisconsin Consumer Act, and your heart sinks. You call her an hour later and tell her that she probably does not have a case, her car is most likely gone forever, and if she owes more than $1,000 on the vehicle, she may be liable for a deficiency judgment.

    This scenario is not far-fetched, given recent changes in Wisconsin's long-standing repossession law.
     

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