• Report: #443570

Complaint Review: Wachovia Dealer Services

Thank You

Read how Ripoff Report saves consumers millions.

  • Submitted: Tue, April 14, 2009
  • Updated: Thu, April 30, 2009

  • Reported By:Scottsville Virginia
Wachovia Dealer Services
PObox 25341 Santa Ana, California U.S.A.
  • Phone: 800-5629372
  • Web:
  • Category: Banks

Wachovia Dealer Services sends false bills, debits incorrect amounts, threatens with arrest, then illegally repos car Santa Ana California

*Consumer Suggestion: don't agree with all but still a ripoff...

*Consumer Comment: I have two Cars from Watchinova.. No trouble Yet.. After 2 years...

*Consumer Suggestion: Peaceably

*Author of original report: KNOW YOUR RIGHTS>>> DOWN WITH FEAR MONGERING

*Author of original report: DON'T BE SCARED! KNOW YOUR RIGHTS! AND STAY AWAY FROM WACHOVIA!

*Consumer Comment: Robert has a point.

*Consumer Suggestion: I Love It

*Consumer Comment: I can't imagine...

*Consumer Comment: Divorce and financial obligations.

*Consumer Comment: Wrong on one point

*Consumer Comment: Wrong on one point

*Consumer Comment: Wrong on one point

*Consumer Comment: Wrong on one point

*Consumer Suggestion: Repo law

*Consumer Suggestion: Code of Virginia

*Consumer Suggestion: IT IS NOT ILLEGAL TO HIDE YOUR CAR UNLESS THERE IS A COURT ORDER IN VA

*Author of original report: I NEVER GOT SMART MOUTHED with anyone... who are you and what would make you accuse me of that?

*Consumer Comment: Smart mouth payoff.

What's this?
What's this?
What's this?
Is this
Ripoff Report
About you?
Ripoff Report
A business' first
line of defense
on the Internet.
If your business is
willing to make a
commitment to
customer satisfaction
Click here now..

Does your business have a bad reputation?
Fix it the right way.
Corporate Advocacy Program™

SEO Reputation Management at its best!

I set up an auto-debit with wachovia and every month I got a statement saying I owed 265 dollars. HOWEVER they were deducting 278.00 from my account and when this deiscrepancy eventually caused me to bounce one payemnt they then refused to even accept checks, insisting I pay my car payment with money orders or through western union. I offered to have the payments come out my husbands accounts and they still refused.

When I told them to take me to court they told me they would repo my car right that day, and when I said I would be sure to move it they said I would be arrested! Now they are trying to repo it and sue me for the balance. Not only will they never recoup thier loan that way, they will incur the fees of the repo service and the auction house and there will be no way to collect the debt. All this when all they had to do was fine me for bouncing a check and move on. They would have every penny.

Needless to say I went out and got a car with cash, I hope they do pay lawyers to sue me, I want to tell the judge how I offered and offered to pay them and they refused. It is totally unreasonable to ask me to pay with a money order or by western union, no one in any business ever does this, we are talking about years of payments with no problems, and it is because they sent me incorrect bills for months upon months. The people on the phone are beyond rude, they are austo piloted robots from h*ll. I hope they all lose thier jobs and everyone defaults on all thier loans. This bank needs TO GO!

Thetanya
Scottsville, Virginia
U.S.A.

This report was posted on Ripoff Report on 04/14/2009 05:25 PM and is a permanent record located here: http://www.ripoffreport.com/r/Wachovia-Dealer-Services/Santa-Ana-California-927799-5341/Wachovia-Dealer-Services-sends-false-bills-debits-incorrect-amounts-threatens-with-arres-443570. 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.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

Click Here to read other Ripoff Reports on Wachovia Dealer Services

Search for additional reports

If you would like to see more Rip-off Reports on this company/individual, search here:

Search Tips
Report & Rebuttal
Respond to this report!
What's this?
Also a victim?
What's this?
Repair Your Reputation!
What's this?
REBUTTALS & REPLIES:
0Author 18Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

don't agree with all but still a ripoff...

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

I know from experience working as a cashier at a car dealership who financed... that our policy was to NOT accept a cheque as payment for a returned cheque and/or NSF fee. Reason being common sense... "well miss, your cheque bounced because of non-sufficient funds. write another one and we'll try it again" - doesn't make much sense, does it?

Funny side story... our "NSF fee" was not incurred at the bank. We paid NOTHING if this happened.. but we charged our customers for the hassle of it being returned and having to back everything out of the system, apply the fee, etc. and deal with the inevitable aftermath of such ongoings.

However.. this fee, if proven that it was a bank error or an error on our part - was often waived.

The car dealership is, by law, allowed as the lienholder on the vehicle to repossess it at any time should it prove a necessary action. They also do not require a court order,or even a set of keys to do this.

Our particular dealership's system kept record of overpayments, as well, and if someone overpaid on a regular basis and on time, their "late balance" would go in the negative... and the collectors would work with them if they could only pay most and not all of a particular payment provided this was the case and the end balance would still push their due date up in the system.

What I feel you should do is attain evidence that you were being billed a different amount than you were being told was due and what payment you agreed on upon signing the contract with them -and that it is NOT something your bank is charging you as an autopay fee...

However... anytime you have a problem with a credit collector from ANY company please be aware that *most* - not necessarily all - but most... WILL work with you. Their pay and bonuses are based on the amount of delinquencies resolved and if working with you (provided you hold your end of the bargain up) is a means to that end, they will do it if for no other reason than to ensure their own paycheque.

Late payments do not just affect the customer, they reflect on the collector as well and they have rules/policies/procedures they must follow.

If they are willing to accept cash and/or money order.. your best bet is to just settle it amicably and most likely after the payment is settled they will probably accept checks again after.

I honestly feel this whole situation was handled poorly on both ends... but if they are accepting and posting overpayments as "actual payments" it is definitely something that needs to be dealt with. Just make sure it IS them and not your bank doing it.
Respond to this report!
What's this?

#2 Consumer Comment

I have two Cars from Watchinova.. No trouble Yet.. After 2 years...

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

Howdy,

Just want you all to know I have TWO {2} Cars under Watchinova.. with no Issues..

1) NEVER!! NEVER!!! NEVER!!!.. Let any Company Take money "Dirrectaly out of your Bank Account"!!!!!!!!!!

2) After Two Years of Mailing checks twice a month to this company.. I have never had an Issue...

3) I NEVER over extended myself or "Lied" on my aplications.. So I can make the Payment I prommised.

4) Watchinova extended me credit in the "BUSH Pile of a down turn in Credit" IE. 12/07... And it was a Second Loan!!!

5) They offered one price.. I said "NO *$&CK!#G!! Way!!!.. Bye Bye".. They came back under what I asked for...

6) Know what "You Can Do" and go Under by 20%.. No Matter How "Crazy" it sounds!!

7) If the "Dealer" can not do it.. Walk away!!

8) If they want the Car.. Let them have it... "Road Loans" Reposesed a Lemmon "Their Dealer" sold me in 2003.. Since I went broke after 3K in repairs... However, I Purchased my First Watchinova car in 2006..
Let's see... If you Have issues....
Let the Punks have it Back.. then Fight like He-Double-Hocky-Sticks.. Like I did.. for your RIGHTS as a Consumer... They Know the Limits... And most will understand a Bad Deal!! (BTW "Road Loans" Can Kiss my ARSE.. I told them to take the Car for 9 Months After it broke down the first time.. and they would not take it!! I had to stop Paying them for 3 months "BEFORE" they Knew I was "Serious"!!)

9) Reguardless of "State" Law.. Fedral Law Applies.. You Just have not found the right person to represent you!

10) When in a Dispute.. NEVER..NEVER..NEVER.. Listen to a bunch of "Hounds/Trolls/Idiots" on an internet forum... Talk with "REAL" People in your area.. and see what they have to say.. If the "Company" has an office outside your area.. I can Guarentee you..." If they are up to no good" Your "Local" Laywers will know about it and have a "Plan In Action"!!!

Cheers!!
Respond to this report!
What's this?

#3 Consumer Suggestion

Peaceably

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

Peaceably just means they cannot break the peace. Anyhow, they will get their court order eventually. You know that as well as everyone else. I believe you that wachovia is a bad company for trying to rip people off but you are making things much worse than they need to be. The company does have the right to set payment methods, they can restrict it to whatever form they wish. You do have a choice, if you don't like it, don't pay it and see where it gets you down the line. I don't see why you are getting so bent out of shape over it. I'm sure you could find out where the extra 13$ fee is coming from. Companies just don't make up magical fees to put on bills, I'm sure there is a reason its there. if you are in as bad a financial straights as you say, with destroyed credit and untouchable income from not working, aren't you concerned about future loans and car purchases? I guess if you don't care about your credit, or getting sued, then you can go ahead and not pay them :D

A suggestion though, you might check with your bank and the bill pay fee may be originating there. The bank I use charges me a fee for setting up auto bill pay with them. If I pay the bills myself there is not fee. Perhaps your bank and not wachovia is charging the additional fee?
Respond to this report!
What's this?

#4 Author of original report

KNOW YOUR RIGHTS>>> DOWN WITH FEAR MONGERING

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

1. I don't intend to have people think I am right or wrong...I just want to warn innocent people=== YOU WILL NEVER FIND MORE HORRIFIC CUSTOMER SERVICE THAN WACHOVIA===

2. CORY, it might have an effect ON YOU! ON YOUR CREDIT... But I am in a different situation... I am certainly not going to be renting an apartment.... It will never cost me a dime. It seems odd that you would have an emotional investment in this... ie "yeah you will show them..." You have zero information about my personal circumstance, yet you are taking the time to tell me how hard these people will/can make my life... but have you ever considered that there are alot of ways to protect your assets from creditors? I certainly did not invent them. WHAT if I have a trust fund they can never dock...? What if all my income is child support that they can never dock? What if all my property is set up as a non-profit? What if I own my own business? What if my credit has been shot since a horrific accident and crippling medical bills and I have tons of judgments already? I do not intend to "show anyone" because wachovia is not a person. But I do not accept it either. There is a difference. Some of us structure our lives differently than others= THAT IS THE PART THAT MAKES IT FUNNY FOR ME! Every dollar they spend trying is another dollar lost. I am not so stupid that gee I just can't see what effect this will have when I go to rent an apartment... WOW having a car repo'd goes on yer credit, ya don't say??? THANKS FOR THE STELLAR ADVICE! YOU SHOWED ME!

3. HUSBAND= I bought the car after we were legally separated. He was never on the car title nor is he responsible the way someone would be for the mortgage... I simply offered them the money from his account as a solution, one of many options I offered wachovia when they said they said they could not "put autodebit on an account with a return..." NO MATTER WHAT THE REASON! EVEN IF IT IS THEIR FAULT!

4. YES MOST BUSINESSES ACCEPT ATM AFTER A BAD CHECK. An ATM payment over the phone after a bad check is allowed with comcast, att& t cingular, sprint, the power company (APP here), toyota financial, embarq, sprint, ntelos..... obviously something that is coming directly out of your account instantly is not a check... If this company operated the way others do there would be no issue. No company I know of does not accept ATM payments over the phone after a returned check. NAME ONE LARGE COMPANY WITH THIS POLICY BESIDES WACHOVIA! You really believe that if you into a store where you have bounced a check and offer to pay with your atm card they will turn you down? In what reality?

5. The lack of money on the bill was a MISTAKE, AND NOT MINE= they billed me not for a fee, not for anything except my car, but they mistakenly sent me a wrong bill for about a year.

6. THE CODE = about the VA state code... "peaceably" they can take your car.. meaning they cannot go in your garage... they cannot come on my property if it is gated. It is only a crime (the police here tell me, the ones that would have to arrest me,) if I move the car AFTER the court has has issued a writ. YOU CANNOT GET A WARRANT FOR SOMEONE MOVING THEIR CAR! According to the police here it just does not work like that. The code you quoted is in relation to AFTER THEY GO TO COURT... prior to that they have to take it "peaceably" which means you give it to them. KNOW YOUR RIGHTS PEOPLE!

7. But who listens to police anyways? I always listen to random people who for some reason or other like to go on consumer report sites to belittle and insult people who are trying to warn others about bad businesses. I mean who on earth would come on a site like this and call me "smart mouthed" (with no information that I would ever be) and try to scare me by quoting VA state code? I mean I can't believe you just kill time defending large welfare sucking multinationals for fun... but hey maybe you do. And why the venom... ROBERT? ie saying I let my ego control the situation.. a situation you supposedly know only one paragraph about! I have read ALL your comments through out the whole site and man you are either the laziest "two business owner" and truly do not have a life, or you work for wachovia... gee... hmm. But about "not meaning to scare me"... what would be your other point then? Are you that bad at everything you try to do? Do you do this for all the businesses or do you save all your love for this insolvent mess called wachovia? Have you considered a pet... or a hobby?
Respond to this report!
What's this?

#5 Author of original report

DON'T BE SCARED! KNOW YOUR RIGHTS! AND STAY AWAY FROM WACHOVIA!

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

You know it really makes zero difference to me... I just want you all to know what and who you are dealing with if you choose this bank... I don't intend to have people think I am right or wrong... I AM JUST WARNING OTHERS.... IT is not just what they do, it is the way they do it. YOU WILL NEVER FIND MORE HORRIFIC CUSTOMER SERVICE THAN WACHOVIA. just read all these peoples complaints, and even if you feel all superior realize this bank is different and much worse than the others.

BUT just to respond to the fear you all have of these creditors... I cannot believe how many people live in fear. FIRST OF ALL... you can own your own business... I am just saying that there are alot of ways to protect your assets from creditors, and I certainly did not invent them. These banks prey upon your fear. The fact is they cannot collect anything from me OR MY HUSBAND. I bought the car after we were legally separated. He was never on the car title nor is he responsible the way someone would be for the mortgage... or a debt from the time we were together. I simply offered them the money from his account as a solution, one of many options I offered wachovia when they said they said they could not "put autodebit on an account with a return..." NO MATTER WHAT THE REASON! EVEN IF IT IS THEIR FAULT!!

The extra money was a MISTAKE, they billed me not for a fee, not for anything except my car, but they mistakenly sent me a wrong bill for about a year.

The issue that I have with them not continuing the autodebit, the fact that I would rather let them take the car for then agree to pay western union for the next two years is that it was their mistake... I didn't make it, they did... so fine they have a choice they can admit it or lose 20 k. That is that. I really could care less if they repo my car and sue me... it makes zero difference in my life. It is just bad business which I expect from wachovia. They sent me a wrong bill. FINE...but I am not going to send western union every month for two years. I am simply not doing business with people like this...

That is the thing... about the va state code... "peaceably" they can take your car.. meaning they cannot go in your garage... they cannot come on my property if it is gated. WE BOTH OWN THE CAR. It is only a crime (the police here tell me, the ones that would have to arrest me,) if I move the car AFTER the court has has issued a writ. It has to be that there is a valid debt. Until there is a court order it is legally up for grabs literally. YOU CANNOT GET A WARRANT FOR SOMEONE MOVING THEIR CAR! According to the police here it just does not work that way. It is AFTER the writ that that it is a crime, that the warrant can be issued. But who listens to police anyways? I always listen to random people who for some reason or other like to go on consumer report sites to belittle and insult people who are trying to warn others about bad businesses. I mean who on earth would come on a site like this and call people "smart mouthed" (with no information that I would ever be) and try to scare me with VA state code? OBVIOUSLY these people are wachovia people (robert...) I mean I can't believe you just kill time defending large welfare sucking multinationals for fun... but hey maybe you do. I guess when you die it will say "he really really liked wachovia..." on your tombstone... What dog would you possibly have in this fight if you do not work for wachovia? And why the venom... ie saying I let my ego control the situation.. a situation you supposedly know only one paragraph about! I have read ALL your comments through out the whole site and man you are either the laziest "two business owner" and truely do not have a life, or you work for wachovia... gee... hmm. IF you don't work for wachovia I highly suggest you get a hobby or something less soul sucking to do in your free time. The only people who read this site are those who ALREADY DETEST WACHOVIA.

Isn't it strange to notice there are no entries like this for the other car financing options out there? DON"T EVEN TOUCH WACHOVIA don't do this to yourself... don't deal with these fools...
Respond to this report!
What's this?

#6 Consumer Comment

Robert has a point.

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

I've seen this a couple of times in real life. A couple gets divorced, the wife gets the house in the divorce decree, but the husband fails to get himself removed from the mortgage. Wife skips on the loan and the mortgage holder comes after the husband. The divorce decree did not change the contract that both parties had signed to obtain the mortgage (i.e. making them both responsible). As far as the mortgage holder is concerned, they are both still on the hook for the mortgage until the house is refinanced. A judge's divorce decree cannot change the contract between the mortgage holder and the now divorced couple.
Respond to this report!
What's this?

#7 Consumer Suggestion

I Love It

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

I love it when people BELIEVE what the law is because of something they have heard or someone "told" them. Also many companies INCLUDING me, have a policy of not taking checks from customers who have written them "hot" checks. I suspect the $13 was for a fee for the the auto debit. I'd call them and try and find out what it was for. I mean didn't you notice the extra $13 coming out of your account each month and what it was for? However banks do some really stupid things. Your logic that they can have the vehicle isn't too smart. They will eventually find it, repo it and stick you with all the fees and negative balance. That will cost you a load of extra money for the next 7 years at least while it stays on your credit. Instead of 3 or 4% on a vehicle loan, you'll end up paying 10 or 20%. Many apartments WON'T lease to you. It'll cost you tens of thousands of dollars MORE, IF you can EVEN buy a house over the next 7 years. Yep, you'll sure show them. But in the end, they'll end up screwing you over, for the next 7 years. That doesn't include getting arrested for "hiding" the vehicle.
Respond to this report!
What's this?

#8 Consumer Comment

I can't imagine...

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

That the state of Virginia would allow people to hide a car from the lien holder.
Respond to this report!
What's this?

#9 Consumer Comment

Divorce and financial obligations.

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

Divorce decrees are COURT ORDERS and creditors are bound by such decrees.

Incorrect. Been there, done that in 2 states. The ONLY way a creditor is bound by a divorce decree is if the CREDITOR IS REPRESENTED DURING THE PROCEEDINGS.

""My ex ran up over $150,000 in various hospital bills and when I sent the collectors a copy of the decree which specifically named me as not responsible 'any and all' of her debts they apologized and sent confirmation that my information had been removed from the files.""

I went through something similar with Montgomery Wards. Same result but that was because the MW CHOSE to do so, not because of a court action that the creditor was not a part of. They chose to leave you alone KNOWING that you would then have to sue your ex. Also, they ran the risk of the court ordering them to begin proceedings against your ex BEFORE commencing proceedings against you. They took the path of LEAST LITIGATION-least legal costs. A divorce decree cannot change a contract with a creditor without the creditor being a party to the divorce action. If you know of any law that states otherwise, kindly post the cite of law and I'll add that to my library.

"" We had one account together and that was a Dillard's account which she put me on without my consent. When I spoke with Dillard's they removed my name from that account.""

That's credit fraud. You're mixing apples and oranges with this.

""Divorce laws vary GREATLY from state to state. I got mine in Arkansas.""

True, laws vary. But, I know of NO JURISDICTION in the US where a creditor is bound by a court order resulting from proceedings that the creditor is NOT A PARTY-not represented during the proceedings.

I own two businesses. I am not bound by any divorce or separation proceedings to which I am NOT A PARTY. If you both skip out owing me back rent and get divorced with your decree stating your ex will pay the back rent (divorce agreement) , I can successfully sue either or both of you regardless of what any divorce/separation order states.
Respond to this report!
What's this?

#10 Consumer Comment

Wrong on one point

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

Divorce decrees are COURT ORDERS and creditors are bound by such decrees. I know from personal experience. My ex ran up over $150,000 in various hospital bills and when I sent the collectors a copy of the decree which specifically named me as not responsible "any and all" of her debts they apologized and sent confirmation that my information had been removed from the files. We had one account together and that was a Dillard's account which she put me on without my consent. When I spoke with Dillard's they removed my name from that account.

Divorce laws vary GREATLY from state to state. I got mine in Arkansas.
Respond to this report!
What's this?

#11 Consumer Comment

Wrong on one point

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

Divorce decrees are COURT ORDERS and creditors are bound by such decrees. I know from personal experience. My ex ran up over $150,000 in various hospital bills and when I sent the collectors a copy of the decree which specifically named me as not responsible "any and all" of her debts they apologized and sent confirmation that my information had been removed from the files. We had one account together and that was a Dillard's account which she put me on without my consent. When I spoke with Dillard's they removed my name from that account.

Divorce laws vary GREATLY from state to state. I got mine in Arkansas.
Respond to this report!
What's this?

#12 Consumer Comment

Wrong on one point

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

Divorce decrees are COURT ORDERS and creditors are bound by such decrees. I know from personal experience. My ex ran up over $150,000 in various hospital bills and when I sent the collectors a copy of the decree which specifically named me as not responsible "any and all" of her debts they apologized and sent confirmation that my information had been removed from the files. We had one account together and that was a Dillard's account which she put me on without my consent. When I spoke with Dillard's they removed my name from that account.

Divorce laws vary GREATLY from state to state. I got mine in Arkansas.
Respond to this report!
What's this?

#13 Consumer Comment

Wrong on one point

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

Divorce decrees are COURT ORDERS and creditors are bound by such decrees. I know from personal experience. My ex ran up over $150,000 in various hospital bills and when I sent the collectors a copy of the decree which specifically named me as not responsible "any and all" of her debts they apologized and sent confirmation that my information had been removed from the files. We had one account together and that was a Dillard's account which she put me on without my consent. When I spoke with Dillard's they removed my name from that account.

Divorce laws vary GREATLY from state to state. I got mine in Arkansas.
Respond to this report!
What's this?

#14 Consumer Suggestion

Repo law

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

Gonna have to disagree with you folks, the repo man does have a right to your vehicle without a court order:

This is from Virginia law:
Possession After Default Without Breach of Peace Unless otherwise agreed, and subject to other laws which may apply, secured party has, on default, the right to take possession of the collateral. In taking possession secured party may proceed without judicial process only if this can be done without breach of the peace. If not, a legal action may proceed. See Code of Virginia Section 8.9-503

Meaning they can repossess the vehicle as long as it can be done peacefully.

As for hiding it, sure that's legal up until the point they get a court order saying that you must disclose the location. Which I"m sure if you are hiding it will not take the company long to get, after all it is wachovia's property.
Respond to this report!
What's this?

#15 Consumer Suggestion

Code of Virginia

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

You need to read your Virginia State Code, then you'll learn that I am correct.

Here is an excerpt from section 18.2-115:

"" 18.2-115. Fraudulent conversion or removal of property subject to lien or title to which is in another.

Whenever any person is in possession of any personal property, including motor vehicles or farm products, in any capacity, the title or ownership of which he has agreed in writing shall be or remain in another, or on which he has given a lien, and such person so in possession shall fraudulently sell, pledge, pawn or remove such property from the premises where it has been agreed that it shall remain, and refuse to disclose the location thereof, or otherwise dispose of the property or fraudulently remove the same from the Commonwealth, without the written consent of the owner or lienor or the person in whom the title is, or, if such writing be a deed of trust, without the written consent of the trustee or beneficiary in such deed of trust, he shall be deemed guilty of the larceny thereof.

In any prosecution hereunder, the fact that such person after demand therefor by the lienholder or person in whom the title or ownership of the property is, or his agent, shall fail or refuse to disclose to such claimant or his agent the location of the property, or to surrender the same, shall be prima facie evidence of the violation of the provisions of this section. In the case of farm products, failure to pay the proceeds of the sale of the farm products to the secured party, lienholder or person in whom the title or ownership of the property is, or his agent, within ten days after the sale or other disposition of the farm products unless otherwise agreed by the lender and borrower in the obligation of indebtedness, note or other evidence of the debt shall be prima facie evidence of a violation of the provisions of this section. The venue of prosecutions against persons fraudulently removing any such property, including motor vehicles, from the Commonwealth shall be the county or city in which such property or motor vehicle was purchased or in which the accused last had a legal residence.

This section shall not be construed to interfere with the rights of any innocent third party purchasing such property, unless such writing shall be docketed or recorded as provided by law.

(Code 1950, 18.1-116; 1960, c. 358; 1975, cc. 14, 15; 1986, c. 484.) ""

Other sections of the Code of Virginia may be applicable. Note the reference to your financing contract (written agreement.) I'm quite certain that somewhere in your financing contract there is a clause that requires you to keep the creditor informed of where the vehicle is normally parked.

I'm not trying to scare you. I'm just pointing out that you were a smart mouth and dug your own hole. All you had to do was mail them a money order and an explanation and things would have been amicable. But no, you had to "show them who was in charge." A stupid thing to do with a creditor who has a LIEN on the property.

Also, no creditor I know will accept a personal check/autodebit as "making good" on a personal check/autodebit that WAS NOT HONORED-gotta use chash, money order, or cashier's check to make the rubber check/autodebit good.

Further, any separation or divorce decree is not binding on creditors. If your husband co-signed on a loan for you HE CAN BE SUED for the loan, regardless if the divorce decree stipulates that YOU are supposed to pay the loan. All the decree does is give him the right to SUE YOU for the funds he paid to the creditor after you defaulted on the loan.

Same for joint accounts, levies, and garnishments. They can attach a levy to your bank accounts and property-literally anything that you have an interest in-including joint accounts and jointly owned property. If he's a co-signer, they can get HIS wages garnished to pay the loan-you separation/divorce decree not withstanding.
Respond to this report!
What's this?

#16 Consumer Suggestion

IT IS NOT ILLEGAL TO HIDE YOUR CAR UNLESS THERE IS A COURT ORDER IN VA

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

In Virginia as well as almost all state it is only illegal to hide a car that has been court ordered to be surrendered a "replever". It is not concealment until the point in which there is a court order. Concealment is when this court order is in place. These intimidation tactics are to try to get you to give them your car. It is perfectly legal to put it in a safe place. The repo man has NO RIGHTS to your car or even to be on your property. If he does not leave when asked he can be arrested. The bank must go through the court system to have you arrested for concealment and you are under no obligation to tell them where you car is. If you don't believe me call a laywer in VA. Until then stop trying to scare people!
Respond to this report!
What's this?

#17 Author of original report

I NEVER GOT SMART MOUTHED with anyone... who are you and what would make you accuse me of that?

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

RST OF ALL
0. My husband is not liable for any of my debts (per a separation agreement filed with the courts long ago). So please speak about what you know. If you think you could collect a debt (of mine) from that man... well good luck to you.

1 It is SIMPLY NOT TRUE WHAT YOU STATE... that it is a normal business practice to force a person who has bounced a check to pay with western union. ALL BUSINESSES I HAVE EVER ENCOUNTERED WOULD ACCEPT A FUTURE CHECK FROM A PERSON WHO RECTIFIED A BAD CHECK IMMEDIATELY. THEY take their fee and move on like sane people. Imagine if every grocery store had this policy! I paid off a 38,000 dollar debt to toyota financial that included about 4 RETURNED AUTODEBITS THEY MADE 9 THOUSAND DOLLARS IN INTEREST and never ever treated me like this. They were never rude ever! Wachovia is NOT the normal way business is done. Everyone accepts that over five years an accounting error might occur that is the purpose of a FINE. People are human and make mistakes... uh you know like wachovia did and went belly up... at least I fix my mistakes without boatloads of tax payer money. Isn't it funny how wachovia wants its customers to never ever make a mistake but they can get millions in bailout cash while acting indignant that we bounce a single check... AT LEAST I am not costing anyone a dime. It is unreasonable to refuse normal methods of payment because of a simple error, and an error that Wachovia had a part in causing.

2. What makes you think I was rude to them? Why on earth would you think that? I think offering to pay off the entire loan was quite nice of me given how hard they suck. I think that is the definition of reasonable! What would make you think that? Do you think trying to pay a car payment is rude? Why would you randomly make that accusation? How would you know what demeanor I had on the phone? I am as pleasant as a spring flower! Where are you getting your bad info? I think calling my landlord when you can just deposit a check sitting on your desk is rude but be will see what a judge says.

3. I don't think a judge would rule it is my obligation to check my bank records vs. their obligation to send me an accurate bill. I have no obligation to know I am being scammed. Wachovia has a far greater obligation to send me an accurate up to date bill that reflects what they are taking from my account. Imagine if everyone just took whatever they liked and then said, "well you could have seen on your bank statements that we lied to you!" You are blaming me for not catching their mistake! BUT I'll give you this...with companies like wachovia.... you better check your statement.

4. They are breaching the contract by not accepting my payments. They would not even accept a check for the full pay off amount! When I send a check I consider it paid, if they do not cash that check that is on them. I have sent checks and they just hold them, they do not even send them back, they just hold them. They cannot tell me I have to incur the cost of western union, not to mention the time and effort this takes... This was NEVER in my contract, that if I bounced a check I would be forced for YEARS to use a wester union to pay my car payment.

5. Threatening to have someone arrested who is trying to pay their entire car loan off (avec 25% interest!) is a bad business practice. I dug myself a hole? The hole is on Wachvia's bottom line not mine. No holes here, just one frustrating morning and a great afternoon discovering this site online. I have a car to use, it doesn't change my life a bit. My credit was wasted long before they financed this car! The only effect this has is that it hurts Wells Fargo's bottom line. Wachovia could have the entire loan paid off and now they will incur fees if they repossess my car and they will never ever recoup ANY of those or the balance on the loan. They go from being +3k to -20k with lawyers and rep costs, that is a 23,000 dollars swing for one retunred debit and rude customer service. They live in a fantasy world if they think they can collect a judgement against me=I have nothing! Any wachovia agent at any time could have accepted a payment from me over the phone and the issue would be resolved with an ATM card if they did not want to accept a check, but they refuse this as well. I never agreed to these terms of payment and I am not going to let them repo my car because they decide on a whim HOW they want to be paid. No wonder they are not solvent! They do not accept check people mail to them... imagine that.

6. The reason this is bad terrible business decision on their part is that I could care less about my credit, and I have nothing they can ever take to recoup their loss. The only way they will get their money is by me giving it to them, which is what I have been trying to do. There is simply no way to extract blood from a stone. I will never have a job they can garnish and I have no material possessions. My husband and I are separated legally with a court order which stipulates that he and I are not responsible for each others bills, so they won''t be getting anything from him. My credit has always been bad and I don't give a whit about what they put on it for 20 years or 2000. I still have every intention of paying this loan for the sole reason that I said I would. Wachovia has a fiduciary duty to accept payments I made in good faith. I will NOT be assessed legal fees for their breach of contract and breach of fiduciary duty. Besides the error of your reasoning lies here==Even if they were to get a judgement against me it is a wasted effort, my ex already took everything! I barely eat... but I pay my bills. Every lawyer they pay will be a giant flush of more of their money. You assume way to much about the ability of a corporation to collect a judgement on an individual. The cash you would have to pay would dwarf the debt itself. And the more they spend trying the more they loose... chasing a person with zilch. Eventually someone with a brain will want the money I am trying to pay and will accept a check.

7. I have no ego problem I simply refuse to be victimized, bullied, OR THREATENED WITH ARREST! The ego problem lies with the people who think they can bully and harass me. They are so ego maniacal (you can hear it in the rebuttal) that they are certain they can screw you over, that they have the upper hand, they threaten your credit and your freedom over a simple overdraft. It is an ego trip for them to think they will ever collect this debt by force. It is not an ego problem on my end, it is me insisting on being treated with the fairness I have been treated with by every company up to this one. It is an ego trip of theirs, a power trip of theirs, that they can hurt you, that they can get money from your husband, or by illegally selling your car after THEY breach the contract. How is it an ego trip to think I should be able to send a check to pay off my car? Explain please. Isn't the ego problem on the end of the people who say things like "We will get your husband... we will wreck your credit..." who here has the ego... who thinks they are the big guy with the power? Any normal customer service agent would have accepted an atm payment over the phone or a check months ago... but that term cannot be applied to these people. The whole reason to have normal customer service people is to prevent people like me who are upset about an incorrect bill or a bounced check from defaulting. It is hugely expensive and terrible for the business to repo a car this should be avoided at all costs, and that is the attitude you usually get with all other companies. This one is NOT LIKE THE OTHERS. It is not an ego issue to demand fair business practices from a giant multinational bloodsucking welfare receiving conglomerate. Do you even understand what the expression "ego" means? Because you have used it incorrectly, nothing I have done has anything to do with some self image or idea that I am important. I would like to understand how that comment makes any sense at all. I had a boyfriend like that once, he accused everyone else of his problems, projected them right out of himself onto everybody else. (So if he was cheating, you were cheating). Sounds like you two are cut from the same polyester cloth.

9. In a breach of contract case the judge decides if a good faith effort has been made to honor the contract on both sides. I mail checks... I offer to pay by atm on the phone, I offer for the money to come out of my account monthly, Wachovia thinks they can add terms to the contract years later... about HOW they want to be paid. Wachovia sends false bills and refuses payments made to them out of spite and to force people into situations like this. Well this is the purpose of the court system and I can't wait to see them there. I believe in justice and I believe wachovia's low end tactics and underhanded ways will be exposed to everyone. I will do whatever it takes to see this to fruition.

10. IF they have me arrested for moving my car to a place where my child is not exposed to some shady possibly armed repo maniac coming and scaring us then fine do it already. I am not hiding my car, I am simply refusing to be extorted and threatened, and to have my child exposed to these strong arm tactics. I told them the car was being moved so that they did not come to my house and harass me. I will give it to them as soon as they get a writ, as soon as a judge rules that me sending check that they refuse to cash is a "default" and that they have a right to collect the car from me as collateral. It will be delivered pronto right after they start following the laws. BUT since you bring it up THE FACT IS I am having it repaired so incase they do repo it I will not get screwed by the auction (a deer hit the front side a few months ago...). Right now it is at an auto repair shop, rather than hiding my car as you wrongly assume I am mitigating their and potentially my losses... But I do love the threats. You will not be found and exposed as the Wachovia puppet you obviously are. You totally underestimate the will of people who have been wronged. Wachovia will end up with no customers eventually, and all the former customers will sit back and gloat with glee while you default on your car payment and get a dose of your own medicine as you lose your job in the process. It is not illegal to move your car to a shop for repairs, even here in Virgina. Again so many accusations so little information...hmmmm I smell some wachovia...
Respond to this report!
What's this?

#18 Consumer Comment

Smart mouth payoff.

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

""I set up an auto-debit with wachovia and every month I got a statement saying I owed 265 dollars. HOWEVER they were deducting 278.00 from my account""

You did not notice this on the monthly statements from your bank?

""and when this deiscrepancy eventually caused me to bounce one payemnt they then refused to even accept checks, insisting I pay my car payment with money orders or through western union.""

Yup. That's what most lenders will do when a personal check/autodebit is not honored.

""When I told them to take me to court they told me they would repo my car right that day, and when I said I would be sure to move it they said I would be arrested!""

Indeed. In most jurisdictions it is ILLEGAL to deliberately HIDE a vehicle from repossession. Jurisdictions have different names for it ranging from criminal conversion to credit fraud.

""Now they are trying to repo it and sue me for the balance.""

Yup. That's what lenders do when you don't pay. You compounded the issue by telling them you were going to commit a criminal act-HIDE THE VEHICLE FROM REPOSSESSION.

""Not only will they never recoup thier loan that way, they will incur the fees of the repo service and the auction house and there will be no way to collect the debt.""

And all these "repo fees" will be ADDED to the balance of your loan. If they SUE you and win, all these "repo fees" will be included in the civil award, including legal fees. Further, once they obtain a judgment against you they can request enforcement orders to compell you to pay the order. An enforcement order can include any of the following:

garnishment of wages,
levy bank accounts,
lien against real property,
line against property of value, your new vehicle, RV, boat, trailer, etc.
levy against state income tax refunds

Also, they can go after any JOINT accounts/property that you share with your husband. Additionally, the statute of limitations for a civil award is significantly LONGER than for an auto loan. Civil judgements can be on credit reports about you for as long as the SOL for money judgments in the state of the court that grants the award.

For example: In NY the SOL for a money judgment is 20 YEARS, so a money judgment from a NY court award can appear on credit reports about you for 20 years from the date the court made the award.

""All this when all they had to do was fine me for bouncing a check and move on. They would have every penny.""

All this because your ego got in your way and you decided to get "smart mouthed" with them. If you had merely mailed them a money order or cashiers check for the payment along with a polite explanation as to what happened, you wouldn't be in this situation.

""I hope they do pay lawyers to sue me, I want to tell the judge how I offered and offered to pay them and they refused.""

It won't matter one wit. You offered to use another bank account which was unacceptable to them.

""It is totally unreasonable to ask me to pay with a money order or by western union, no one in any business ever does this""

Most creditors will require this-normal business practice when a personal check is not honored. Once you establish a new pattern of on time payments, the creditor will become willing to accept personal checks/autodebits again. I own two small businesses and I do the same thing when a rent check bounces or an auto payment is not honored.

""we are talking about years of payments with no problems, and it is because they sent me incorrect bills for months upon months. The people on the phone are beyond rude, they are austo piloted robots from h*ll. I hope they all lose thier jobs and everyone defaults on all thier loans. This bank needs TO GO!""

Be that as it may, you compounded the issue by being a "smart mouth" with them. A simple letter by you explaining the circumstances and a money order would have resolved the issue amicably.

Next time, count to 10 before you dig another hole for yourself.
Respond to this report!
What's this?
Report & Rebuttal
Respond to this report!
What's this?
Also a victim?
What's this?
Repair Your Reputation!
What's this?

Advertisers above have met our
strict standards for business conduct.