• Report: #851957

Complaint Review: Ford Motor Credit Company

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  • Submitted: Sat, March 10, 2012
  • Updated: Wed, March 14, 2012

  • Reported By: NoFordsAgain — Elk Grove California United States of America
Ford Motor Credit Company
P.O. BOX 7172 Pasadena, California United States of America

Ford Motor Credit Company They repossessed my car even though my payments were current! Pasadena, California

*General Comment: alternative action

*Consumer Comment: Ambulance Chaser???

*Consumer Comment: On and off the face

*Consumer Comment: Righteous - if the OP is correct, she did NOT fall behind

*Author of original report: The Point

*Consumer Comment: Response to earlier poster

*Consumer Comment: One More Important Thing

*Consumer Comment: HMMMMMMMMMMMM !!!!

*Consumer Comment: Not that it matters...

*Consumer Comment: The bottom line...

*Consumer Comment: Has all the answer

*Consumer Comment: Gotta feel bad for the OP...

*Consumer Comment: Really just curious now..

*Consumer Comment: Yes and No

*Author of original report: No Business Sense?

*Author of original report: Cash for Clunkers Program

*Consumer Comment: Nope...still your attorney

*Consumer Comment: Now Class...

*Consumer Comment: Sorry, you are wrong again.

*Consumer Comment: That's a bit of a reach......

*Author of original report: Answering your question

*Author of original report: I understand....BUT

*Consumer Comment: Which type?

*Author of original report: YOU'RE WRONG!

*Consumer Comment: Ford Motor Cr Co does reposses if you file BK

*Consumer Comment: Glitch?

*Consumer Suggestion: Reason for the repossession.

*Consumer Comment: WRONG!

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My husband worked for Ford Dealers for 29 years before he was forced to retire on disability due to his diabetes.  I own a business and due to the economy business was a bit slower.  We fell behind in our bills and had to file for bankruptcy.  Fortunately we were able to keep current on some things once my husband received his monthly social security disability payments.  Our payments on our car were current and I had just made the current months payment in which I checked that Ford received and cashed the check. 

3 Days after Ford cashed my current months check I got a knock on the door at 10:30 pm at night. 
I open the door and there is a man asking me if my name is me  I was really scared because of his demeanor.  Then he says to me that he is there to repossess my car.  I tell him thats impossible because Im not behind on my payments.  He demands my car keys and I tell him that I will not hand over my keys.  I ask him for a phone number so that I can call his office and find out what is going on.

I called the number on the card he gave me.  I told the person that answered (Im sure it was the cell number of the man in my driveway) that I didnt understand what was going on because I am not behind in my payments.  He asked me if we had filed bankruptcy recently and I said yes. 

Then he proceeded to tell me that Ford can repo my car even though our payments are current.  I called my lawyer and due to a mix up (he thought that our bankruptcy case was still open, however it had been closed) he did not have us sign the reaffirmation agreement with Ford.  He went on to explain to me that Ford can repossess my car even though my payments are current. 

My husband called Ford Motor Credit and asked them why they kept accepting our payments when they planned to repo the car and the answer was, You were making voluntary payments.  Wow!  Our attorney also explained to us that due to a glitch in the law, they can accept payments AND take the car!  He also said that most companies dont do that, but Ford is notorious for it! 

Its very sad that in this economy where everyone is struggling to make ends meet, a company in which my husband was loyal to for almost 30 years would do that to us!  We have ALWAYS owned Fords, but NEVER AGAIN will we EVER purchase another Ford!  Ford is a heartless company that accepted a government bailout then turns around and does this to people that helped to make them a successful company!

This report was posted on Ripoff Report on 03/10/2012 10:14 PM and is a permanent record located here: http://www.ripoffreport.com/r/Ford-Motor-Credit-Company/Pasadena-California-91109-7172/Ford-Motor-Credit-Company-They-repossessed-my-car-even-though-my-payments-were-current-P-851957. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
6Author 22Consumer 0Employee/Owner
Updates & Rebuttals

#1 General Comment

alternative action

AUTHOR: Righteous1 - (USA)

1:Contact a Consumer Attorney
2: Have your full history of payments showing you met term for this particular loan and were never late or paid partials or ever attempted to modify loan payments.
3: Pull your credit reports to see how it was reporting
4: Have your method of payment (canceled checks, electronic payment) receipts.
5: Bring your loan agreement.
6:Leave your emotions at the door step. Think clearly.
7.And yes- its feasible that OTHER FINANCIAL institutions follow procedures for repo'n. It doesn't make it UNETHICAL. Learn business ethics verses you speaking as a customer.
8: Society or generational upbringing are irrelevant on this particular matter.


Ps- Jim in Orlando- you are silly, hope you meant that as a comic relief comment
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#2 Consumer Comment

Ambulance Chaser???

AUTHOR: Jim - (USA)

Ambulance chaser? Is that what you think lawyers are? Talk about small minded! Go ahead and get mad...I'll have you know I DO NOT chase ambulances! Never have...never will. I own some!
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#3 Consumer Comment

On and off the face

AUTHOR: voiceofreason - (United States of America)

On the face of it, yes, it smacks of being unethical for the lender to repossess the vehicle without some kind of pre-notification or due process, when the payments are technically up to date.
HOWEVER, off the face of it, the repossessing lender expects to get less than is still owed to them upon disposing of the vehicle, due to depreciation. Given that, then they see the payments made to date as simply part of the compensation they figure will still be due them when they sell the vehicle.
It still smells to me, but I'm assuming this plays a part in their legal right to do what they did.
And, it doesn't account for if they end up getting as much, or more, than they were still owed by you when they sell. In a normal repossession, I believe the borrower would be owed that difference back from them, and maybe you would be. I don't know how bankruptcy plays into that.
So what's the big shot attorney doing for you regarding this. No matter how you slice it, in the general consensus, it keeps coming back to the ambulance chaser.
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#4 Consumer Comment

Righteous - if the OP is correct, she did NOT fall behind

AUTHOR: Steve - (USA)

She is saying that she just claimed bankruptcy and did not fall behind on her payments (again, smart move, as it is secured debt). I am not up on all the legal aspects, but others have said she did not reaffirm the debt and thus they took it. 

Look, I get that the auto company was within their rights, but it really looks like the OP was trying to do the right thing here. Whether she got shafted by Ford, her lawyer, ignorance, or whatever, she is not like the typical deadbeat that comes on here and talks about how mean their creditors are for not cutting them some slack. So I feel for her (and I am usually pretty harsh). 
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#5 Author of original report

The Point

AUTHOR: NoFordsAgain - (United States of America)

I truly understand what youre saying.  But I dont think you understand me!  I know Ford was within their RIGHTS.  Im not disputing that.  I know the attorney SHOULD have paid close attention to what was going on, especially since this case was a little unique in that a family death occurred almost simultaneously with the discharge. 

Im merely saying that I believe that accepting payments AND repossessing a car is an UNETHICAL business practice!  Would any of you that own a business really do this to a customer even though it may be, within your rights?  Why are other corporations, banks, etc. offering programs like loan modifications, lowering interest rates, etc?  Theyre doing it because its a good will gesture and reflects positively on their businesses. ... and it's just the plain right thing to do.  

Im not stupid, I know they dont HAVE to be nice, but since their slogan implies, Ford Cares, they are really going to do this to their customer and former longtime employee?  Why dont the other financial institutions accept payments AND repo the car?  Because its bad business and unethical!

Many of you have proved my point that this is what this country has come to.  No one wants to Do
the right thing.
   That means treating each other fairly and with respect.  This is why we have kids running around today with a sense of entitlement.  The attitude of Let me screw you before you screw me!

I dont care what some of you say.  If this is not a rip off, I would like an example of what is.  Do you mean paying for something you didn't get?  Isn't that what happened here?  This is a perfect example of Ford doing the wrong thing!  
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#6 Consumer Comment

Response to earlier poster

AUTHOR: Righteous1 - (USA)

AUTHOR: Jim - Orlando (USA)
SUBMITTED: Tuesday, March 13, 2012

If Ford was served with a notice the borrower has filed a BK, then it would have been illegal for them to contact the borrower at all. We are then back to the same bottom line...your atty. If you told your atty you wanted to reaffirm this debt and your atty failed to perform, then you have a clear cut case against the atty.

------My Response_------(Righteous1)
Its NOT illegal to contact the Lendee. Its illegal to attempt to collect. HUGE Difference.

The Creditor (FORD) had the right to appeal any inclusion into the Bankruptcy proceedings. The Trustee (mediator) for the account would then need to show irrefutable proof that the Lendee has no collateral or future funds to meet this satisfaction of debt. This Poster is casting shame and blame on a CORPORATION , which the Poster WILLING signed to pay back the debt . They fell behind and that in itself allows the creditor to attempt collection or repo. Its a FACT. Stop it with the "gee they could have called or contacted me". Nope! No where in the LOAN agreement does it say they MUST CONTACT you PRIOR or DURING proceedings to repo. Its called THEIR TERMS and you agreed to them.  You don't get to PICK AND CHOOSE WHICH DEBTS you can pay or exclude from Bankruptcy ....the COURT APPOINTED TRUSTEE is to present ALL DEBTS and assets for the judge to determine your levels of payments and exclusions. Were you even there DURING THE DISCHARGE proceedings???? Seriously ...I am appalled that as a consumer who made a life changing decision to file BANKRUTCY can be so ignorant and think this Lender Owes them..??? You still had a debt, they claimed the only asset...the car. Bury your pride and think with your head. You have more choices to make ...fight this in court...or work with the Creditor for a satisfaction of this debt....Good Luck, because overall you do seem to care about your financials and making good on your debts...
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#7 Consumer Comment

One More Important Thing

AUTHOR: Jim - (USA)

If Ford was served with a notice the borrower has filed a BK, then it would have been illegal for them to contact the borrower at all. We are then back to the same bottom line...your atty. If you told your atty you wanted to reaffirm this debt and your atty failed to perform, then you have a clear cut case against the atty.
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#8 Consumer Comment

HMMMMMMMMMMMM !!!!

AUTHOR: Golfer - (United States of America)

Could it just possibly be that there is really not an attorney involved here ????????
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#9 Consumer Comment

Not that it matters...

AUTHOR: Steve - (USA)

But the cash for clunkers program was absolutely a subsidy for the dealers, AND the buyers. "Bailout" is way too strong a word. 

But that is irrelevant, just as it is when people complain about banks treating them poorly even though they received bailouts. You can have a problem with the bailouts themselves, but there is no reason for a business to do anything less than profitable because of them; in fact, the reason FOR bailouts is because the company was not being profitable enough! 

All that being said, I really feel for the OP or not. No matter who is at fault (Ford, lawyer, etc) they go the shaft. 
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#10 Consumer Comment

The bottom line...

AUTHOR: Southern Chemical and Equipment LLC - (USA)

Like it or not, Ford did not perpetrate any "rip off" here.

They acted within their legal rights as well as the terms of your loan agreement.

(But who actually reads those agreements, right??)



People often expect big business to give special, individual consideration.

Simply put, that's never gonna happen.

You are simply an account number at Ford. Nothing more.



As far as the cash for clunkers deal.

You are wrong again.

That money was sent to the dealer, IN CARE OF the buyer.



Get your facts straight.

Get a reality check.



The real rip off report should have been written against your lawyer!

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#11 Consumer Comment

Has all the answer

AUTHOR: The Outlaw Josey Wales - (United States of America)

 It is comforting to know the Team Rebutt knows all the answers. I'm so happy:)~
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#12 Consumer Comment

Gotta feel bad for the OP...

AUTHOR: Steve - (USA)

Would suck hard having your car repo'd when you are current on payments. I mean, paying your secured debts first is always the smart play. 

That being said, stop with the "you all must work for Ford" crap. Ford does not care. 
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#13 Consumer Comment

Really just curious now..

AUTHOR: Robert - (U.S.A.)

Throughout these post you have stated that the Trustee didn't notify your attorney.  You stated that Ford didn't talk to your attorney.  You have stated that your attorney didn't even know the status of your case.  You have stated that your attorney knew that Ford does this, but they didn't tell you.

Do you notice a trend?

So why do you seem to be set on blaming Ford and so against going after your attorney?
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#14 Consumer Comment

Yes and No

AUTHOR: Jim - (USA)

When the debtor files a BK, its a big, giant sized red flag. They get extremely concerned about the security for the loan, the car. They also know it is possible the debtor may wish to reaffirm the loan and the debtor's atty will contact them. In your case, there as no contact and therefore they assumed you did not wish to do that and they picked up the car. Could they have called? Yes. The puzzling thing here is any atty who has done a BK will ask the client about secured debts like a car loan and then begin the reaffirmation process. For whatever the reason, your atty screwed up! Every atty carries E and O insurance...Errors and Omissions. I've not seen any of your paperwork but from just based on what you said, my advice would be for you to run this by another atty. DO NOT assume one atty will not go up against another atty...that is patently not true! You will need to determine what your damages are. Bad credit will not be one of them because a BK ruined it anyway. I would contact your county bar association and ask them for a list of atty's who are experienced in defending clients in an atty malpractice matter.
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#15 Author of original report

No Business Sense?

AUTHOR: NoFordsAgain - (United States of America)

Actually I have owned a business for 9 years and I would NEVER treat a PAYING customer the way Ford treated usmuch yet a long time, loyal employee.  If this means I have no business sense Guilty!

You are not getting the POINT.  The point is that they did not HAVE to do this.  If they really CARED, like they claim in their advertising they would not have this practice of repossessing cars that are paid current.  Like I said, it would take less than 5 minutes for them to, AS A COURTESY, to pick up the phone, call the attorney and say, We understand your client has filed for BK, however their payments are current.  Do they intend to keep their vehicle?  Please be sure to fine a reaffirmation agreement.   

But they instead take the money AND the car!  Legal?  Yes.  Ethical?  No.  Good business practice?  Absolutely not!  
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#16 Author of original report

Cash for Clunkers Program

AUTHOR: NoFordsAgain - (United States of America)

Actually the payment for the Cash For Clunkers program goes to the dealership.  Like I said my husband worked at Ford for many years. 
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#17 Consumer Comment

Nope...still your attorney

AUTHOR: Robert - (U.S.A.)

Yes it was discharged.  However it remained open because of a death in the family and the trustee had to check out any possible inheritance.
-
Based on what you have said it really can't be both.  Once it is discharged that means you are no longer legally responsible for any discharged debt.  The only way it would be re-opened is if the trustee felt their was fraud on your part that was found out after the discharge.  But if you were up front with the courts BEFORE it was discharged I could see the trustee keeping it open until the issue with the inheritance was resolved.  Also, if it is still open and you were current most likely the Court ordered Stay was still in effect, meaning that Ford probably needed permission of the court to repossess it, which again your attorney should have been notified of.

Yes, I know ... some of you "Ford" people will want me to know sue the government!
-
Next, while I doubt the trustee didn't notify your attorney.  If in fact that did happen, your attorney should be taking the initiative to handle their blunder.  Third, as others stated if your attorney knew that Ford did this, if they did not inform you from the beginning they appear to have failed again. 
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#18 Consumer Comment

Now Class...

AUTHOR: Jim - (USA)

What we see here is the typical response of someone who cannot offer a rebuttle to your point. What you will usually see are the inane comments such as "who do you think you are" or more often here "you must work for them". Class, when you deal with people who don't much business sense, you can expect that kind of a response. You see, their business experience and business sense is limited otherwise they would realize how foolish they sound. I expect you to be much better than this. Understand, it is possible for someone to make. An excellent point. In that case, the smart response would be to say "you have a point" or "perhaps I should check into that" or simply say nothing. Those responses are reasonable and well thought out. To accuse the other person of working for the other party just gives away you own level of small mindedness. Now class, let's take a 15 minute break and when we come back we will talk about basic personal bankruptcy and what your responsibility is as well as that of your client.
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#19 Consumer Comment

Sorry, you are wrong again.

AUTHOR: Brian - (United States of America)

Only Chrysler and GM got federal bailout money.  Cash for Clunkers had nothing to do with that.  It was an economic stimulus plan to get consumers to purchase new, fuel efficient vehicles.  I'm not positive, but I believe that cash went to the consumer.  At the time of purchase, the consumer had the option to keep the cash or use it as a down payment on their new purchase.  And I have to agree with the others, your beef should be with your attorney.  I don't condone what Ford Motor Credit did, but it appears they were well within their rights.
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#20 Consumer Comment

That's a bit of a reach......

AUTHOR: Ken - (USA)

"YOU'RE WRONG!
AUTHOR: NoFordsAgain - Elk Grove (United States of America)
SUBMITTED: Sunday, March 11, 2012POSTED: Sunday, March 11, 2012
Ford did take advantage of the federally funded Cash for Clunkers!
So yes, they utilized Federal
funds. I call THAT a bailout!
Sounds like you work for Ford..."

But this looks like your weak attempt to shift blame for your troubles.

BTW, since you consider this to be a Federal bailout, what company are you going to patronize next? According to your thinking they are ALL guilty.

You DID say you would never buy another Ford....right?

Most Ripoff Report filers, when they've run out of logical/reasoned arguments, resort to accusing the Rebuttal writers of being employees of whatever company they are currently ranting against.
It just makes the OP look stupid.
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#21 Author of original report

Answering your question

AUTHOR: NoFordsAgain - (United States of America)

We filed chapter 7.  Yes it was discharged.  However it remained open because of a death in the family and the trustee had to check out any possible inheritance.  The trustee closed the matter without letting the attorney know.  

Yes, I know ... some of you "Ford" people will want me to know sue the government!
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#22 Author of original report

I understand....BUT

AUTHOR: NoFordsAgain - (United States of America)

Ford could have easily picked up the phone and called our attorney to ask if we planned to reaffirm, since they were still receiving current payments.  No, the law does not REQUIRE them to do this, but you would think that a company that advertises how much they CARE would.  I'm sure it took more time for them to process all the voluntary payments we made then to pick up a phone and make a quick call! 

What they did may not have been illegal, but it is very much a RIP OFF and its also HEARTLESS and very UNcaring!   Why are the banks willing to help people with loan modifications in these trying
times and Ford is willing to continue with this practice?  Especially to one of their longtime loyal employees!  Ford couldn't possibly CARE LESS!
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#23 Consumer Comment

Which type?

AUTHOR: Righteous1 - (USA)

An earlier responder to your matter asked an important question. There are Legal reasons for asking if the Bankruptcy filed under Chapter 7 . 11, or 13. It makes a difference. Was it discharged?

Bottom line is as earlier stated - Without affirming this secured loan, they followed their rights to repo.

Did you at any point receive a 1099 for this ? How long ago was the BK filed ?
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#24 Author of original report

YOU'RE WRONG!

AUTHOR: NoFordsAgain - (United States of America)

Ford did take advantage of the federally funded Cash for Clunkers!  So yes, they utilized Federal
funds.  I call THAT a bailout!

Sounds like you work for Ford...
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#25 Consumer Comment

Ford Motor Cr Co does reposses if you file BK

AUTHOR: MovingForward - (USA)

It is common knowledge with experienced BK attorney firms that FMCC will reposses once you file bankruptcy even with your payments being current. They do not reaffirm. FMCC will not allow "ride through's either. Your attorney should have warned you when you interviewed him in the beginning. FMCC is hard core. They will accept your payments, but also take back the vehicle. I'm sorry you had to experience this event, but it was the duty of your attorney to let you know before you filed.
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#26 Consumer Comment

Glitch?

AUTHOR: Robert - (U.S.A.)

The only "glitch" in this process seems to be your lawyer if they didn't even know what was going on with your case.  Perhaps that is where you should be concentrating your efforts.

As side questions.  What Chapter did you file?  When you say your case was "closed".  Does that mean that you withdrew the petition, it was closed by the courts(no discharge granted), or it was discharged?
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#27 Consumer Suggestion

Reason for the repossession.

AUTHOR: Robert - (USA)

I called my lawyer and due to a mix up (he thought that our bankruptcy case was still open, however it had been closed) he did not have us sign the reaffirmation agreement with Ford.  He went on to explain to me that Ford can repossess my car even though my payments are current.

Let me repeat a part of this that is important:  he did not have us sign the reaffirmation agreement with Ford.

This is why they repossessed the vehicle.  When you file bankruptcy with a secured debt such as an auto loan, you are given a choice:  the lien holder repossesses the vehicle or you sign a reaffirmation agreement for the vehicle loan.  You did NOT sign the reaffirmation with the lender, hence they repossessed the vehicle.

Seems to me your complaint should be about the attorney who represented you in bankruptcy court.
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#28 Consumer Comment

WRONG!

AUTHOR: Jim - (USA)

Ford DID NOT take a government "bail out"!

When you did the BK, did you tell your attorney about the open account on the car? If you did and the attorney messed up then you need to go after him.
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