• Report: #255810

Complaint Review: Americredit

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  • Submitted: Wed, June 20, 2007
  • Updated: Sat, September 29, 2007

  • Reported By:Harpers Ferry West Virginia
Americredit
PO Box 183593 Arlington, Texas U.S.A.

Americredit they repossessed our vehicle after we made a payment aggrement with them Ripoff Arlington Texas

*Consumer Suggestion: In reference to comment by Repo Man

*Consumer Suggestion: In reference to comment by Repo Man

*Consumer Suggestion: In reference to comment by Repo Man

*Consumer Suggestion: In reference to comment by Repo Man

*Consumer Comment: repossesors not getting paid enough?

*Consumer Suggestion: Here is West Virigina repo law

*Consumer Comment: Charged for stealing your car?

*Consumer Suggestion: Repo Man

*Consumer Suggestion: Not much recourse

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We had our jeep for almost five years. I got really sick and could not work. I had pneumonia for 8 weeks and was in and out of hospital 4 times. I got behind on my car payments. I was paying 554.57 a month. When americredit called me i had just gotten out of hospital. I agreed with them to make payment arrangements they wouldnt do a deferrment for me. I was on unemployment wages and not making anything like i would if i was working. Plus you get paid every 2 weeks. The day a guy called to ask me about my payment i told him i was gonna make it the next day when my check came. That night they came not on my property but on my fathers property with no trespassing signs at driveway and took my car. The repo people stoled my wifes cell phone, my sons cds, my coat, and other items that were in the jeep. They said those things werent in the jeep but they were. It has been over a month and we havent heard anything about a sale . We only owed 17 more payments on this jeep. I have already paid over 24,000. on it. It makes me really sick we just put new tires on it last winter and had a new battery in it and a new alternature. They dont feel sorry for people who get sick.

James
Harpers Ferry, West Virginia
U.S.A.

This report was posted on Ripoff Report on 06/20/2007 05:42 PM and is a permanent record located here: http://www.ripoffreport.com/r/Americredit/Arlington-Texas-76096/Americredit-they-repossessed-our-vehicle-after-we-made-a-payment-aggrement-with-them-Ripof-255810. 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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#1 Consumer Suggestion

In reference to comment by Repo Man

AUTHOR: Tom Jones - (U.S.A.)

There is only few cases where they acually require a judgment from the court in order to reposess a vehicle. The most common occurence is on reservations. It is true no one can reposess a vehicle from a reservation unless you have a judgment from the tribal court. This process is long and drawn out and can take up to 6 + months to acually get a judgment from the tribal court. The other 2 cases where you need a court order to reposess is in the state of Louisiana, If the loan originated before January 1, 2005 then just like a reservation the vehicle cannot be reposessed without a court order. But on the loans that originated after that date can be repo'd as long as the other state requirements have been met. The other state i believe is Wisonsin has similar reposession laws as louisiana. So if you are not living on the reservation or in LA or WI you do not need a judgment from the court to repo a vehicle, however, most states have laws that a finance company is required to abide by before a vehicle can be reposessed. every state is different but most require an account be delinquent for a certain amount of days before it can be considered for repo, second thing is a "cure letter" or some companies refer to as a pre repo letter be sent to the customer, The letter must state how much is owed and by what date it must be paid. If the letter has not been satisfied by the date on the letter then the finance company can legally exercise their right to reposess a vehicle. But not all states even require a cure letter to be sent, I know for sure Arizona, Flordia, Missisippi does not require letters to be sent to the customers. And some states only require a cure letter to be sent out 1 x per life of loan. so if you recieve a cure letter in 2003 and you default on the loan in 2007 then legally the finance company can repo your vehicle because they sent you that letter back in 2003. where as some states require the company to send out the cure letter each time the loan defaults past a certain number of days. The best advice i can give is to check your states laws regarding reposessions because every state is different. hope this helps or atleast sheds some light on reposession laws.
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#2 Consumer Suggestion

In reference to comment by Repo Man

AUTHOR: Tom Jones - (U.S.A.)

There is only few cases where they acually require a judgment from the court in order to reposess a vehicle. The most common occurence is on reservations. It is true no one can reposess a vehicle from a reservation unless you have a judgment from the tribal court. This process is long and drawn out and can take up to 6 + months to acually get a judgment from the tribal court. The other 2 cases where you need a court order to reposess is in the state of Louisiana, If the loan originated before January 1, 2005 then just like a reservation the vehicle cannot be reposessed without a court order. But on the loans that originated after that date can be repo'd as long as the other state requirements have been met. The other state i believe is Wisonsin has similar reposession laws as louisiana. So if you are not living on the reservation or in LA or WI you do not need a judgment from the court to repo a vehicle, however, most states have laws that a finance company is required to abide by before a vehicle can be reposessed. every state is different but most require an account be delinquent for a certain amount of days before it can be considered for repo, second thing is a "cure letter" or some companies refer to as a pre repo letter be sent to the customer, The letter must state how much is owed and by what date it must be paid. If the letter has not been satisfied by the date on the letter then the finance company can legally exercise their right to reposess a vehicle. But not all states even require a cure letter to be sent, I know for sure Arizona, Flordia, Missisippi does not require letters to be sent to the customers. And some states only require a cure letter to be sent out 1 x per life of loan. so if you recieve a cure letter in 2003 and you default on the loan in 2007 then legally the finance company can repo your vehicle because they sent you that letter back in 2003. where as some states require the company to send out the cure letter each time the loan defaults past a certain number of days. The best advice i can give is to check your states laws regarding reposessions because every state is different. hope this helps or atleast sheds some light on reposession laws.
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#3 Consumer Suggestion

In reference to comment by Repo Man

AUTHOR: Tom Jones - (U.S.A.)

There is only few cases where they acually require a judgment from the court in order to reposess a vehicle. The most common occurence is on reservations. It is true no one can reposess a vehicle from a reservation unless you have a judgment from the tribal court. This process is long and drawn out and can take up to 6 + months to acually get a judgment from the tribal court. The other 2 cases where you need a court order to reposess is in the state of Louisiana, If the loan originated before January 1, 2005 then just like a reservation the vehicle cannot be reposessed without a court order. But on the loans that originated after that date can be repo'd as long as the other state requirements have been met. The other state i believe is Wisonsin has similar reposession laws as louisiana. So if you are not living on the reservation or in LA or WI you do not need a judgment from the court to repo a vehicle, however, most states have laws that a finance company is required to abide by before a vehicle can be reposessed. every state is different but most require an account be delinquent for a certain amount of days before it can be considered for repo, second thing is a "cure letter" or some companies refer to as a pre repo letter be sent to the customer, The letter must state how much is owed and by what date it must be paid. If the letter has not been satisfied by the date on the letter then the finance company can legally exercise their right to reposess a vehicle. But not all states even require a cure letter to be sent, I know for sure Arizona, Flordia, Missisippi does not require letters to be sent to the customers. And some states only require a cure letter to be sent out 1 x per life of loan. so if you recieve a cure letter in 2003 and you default on the loan in 2007 then legally the finance company can repo your vehicle because they sent you that letter back in 2003. where as some states require the company to send out the cure letter each time the loan defaults past a certain number of days. The best advice i can give is to check your states laws regarding reposessions because every state is different. hope this helps or atleast sheds some light on reposession laws.
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#4 Consumer Suggestion

In reference to comment by Repo Man

AUTHOR: Tom Jones - (U.S.A.)

There is only few cases where they acually require a judgment from the court in order to reposess a vehicle. The most common occurence is on reservations. It is true no one can reposess a vehicle from a reservation unless you have a judgment from the tribal court. This process is long and drawn out and can take up to 6 + months to acually get a judgment from the tribal court. The other 2 cases where you need a court order to reposess is in the state of Louisiana, If the loan originated before January 1, 2005 then just like a reservation the vehicle cannot be reposessed without a court order. But on the loans that originated after that date can be repo'd as long as the other state requirements have been met. The other state i believe is Wisonsin has similar reposession laws as louisiana. So if you are not living on the reservation or in LA or WI you do not need a judgment from the court to repo a vehicle, however, most states have laws that a finance company is required to abide by before a vehicle can be reposessed. every state is different but most require an account be delinquent for a certain amount of days before it can be considered for repo, second thing is a "cure letter" or some companies refer to as a pre repo letter be sent to the customer, The letter must state how much is owed and by what date it must be paid. If the letter has not been satisfied by the date on the letter then the finance company can legally exercise their right to reposess a vehicle. But not all states even require a cure letter to be sent, I know for sure Arizona, Flordia, Missisippi does not require letters to be sent to the customers. And some states only require a cure letter to be sent out 1 x per life of loan. so if you recieve a cure letter in 2003 and you default on the loan in 2007 then legally the finance company can repo your vehicle because they sent you that letter back in 2003. where as some states require the company to send out the cure letter each time the loan defaults past a certain number of days. The best advice i can give is to check your states laws regarding reposessions because every state is different. hope this helps or atleast sheds some light on reposession laws.
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#5 Consumer Comment

repossesors not getting paid enough?

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

Send an affidavit giving the repo company 10 days to return your recently discovered missing items by certified mail, if no response you are intitled to file a criminal report with your relevant law enforcement officials, i had a vehicle repossesed as well, not only did Amercredit reps lie about accepting payments while they still continued to reposses! When the repossession finally occurred the repo company stole personal items and tools, they made me sign a personal inventory release waiver before i could retrieve any items from the vehicle, then , when i complained about missing items, they threated me with bodily harm and threw me off the property, now i have a hard time working without my main tools that i need to get back on my feet, if there is an attorney out there reading this , please contact me!
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#6 Consumer Suggestion

Here is West Virigina repo law

AUTHOR: Ripoff Reporter - (U.S.A.)

Please don't try to report your car as being stolen. That is the most rediculous thing I've read here in awhile.

Here are some sections to reference:

Lien on Certificate Is Notice A certificate of title, when issued by department showing a lien or encumbrance, is deemed, from and after filing with the department of the application, adequate notice to state and agencies, boards and commissions, to the United States government and its agencies, boards and commissions, to creditors and to purchasers that a lien against vehicle exists and the recording of such reservation of title, lien or encumbrance in the county wherein purchaser or debtor resides or elsewhere is not necessary and shall not be required or have any effect. Generally, any lien or encumbrance placed upon a vehicle by voluntary act of owner but not shown on such certificate of title is void as to any purchaser for value or lien creditor, who, in either case, without notice of such lien or encumbrance, purchases such vehicle or acquires by attachment, levy or otherwise a lien thereupon. See West Virginia Code Section 17A-4A-3
Liens On Inventory Held By Dealer The creation and perfection of a lien against a vehicle held as inventory for sale by a registered dealer holding title by assignment in accordance with provisions of article nine, chapter forty-six of this code (UCC) is deemed adequate notice to the state and its agencies, boards and commissions, to the United States government and its agencies, boards and commissions, to creditors and to purchasers that a lien against the vehicle exists, subject to other provisions, except that any lien or encumbrance on such a vehicle is not effective against the rights of any purchaser for value who purchases vehicle primarily for personal, family, household or agricultural purposes unless lien or encumbrance is recorded on certificate of title or specified on bill of sale. See West Virginia Code Section 17A-4A-3

Purchase Money Lien Filed Within Sixty Days A deferred purchase money lien or encumbrance upon any motor vehicle may be perfected by recording the name and address of lienholder upon face of the certificate of title for such motor vehicle. If an application for such a certificate of title is filed with the division of motor vehicles within sixty days after date of purchase of motor vehicle, the effective date of lien or encumbrance shall be date the lien or encumbrance was created. If an application for such a certificate of title is not filed within such sixty-day period, the lien shall be perfected from date it was filed with the division of motor vehicles. See West Virginia Code Section 17A-4A-4
Priority of Liens On Certificate The liens shown upon a certificate of title issued by the department pursuant to applications for same have priority over any other liens against such vehicle, however created and recorded, except as otherwise provided in this article. See West Virginia Code Section 17A-4A-5
Holder of Certificate With Lien The certificate of title of vehicle is delivered to person, firm or corporation holding first lien or encumbrance upon vehicle, and is retained until entire amount of lien is fully paid. Then the certificate of title must be delivered to next lien holder, and so on, or if none, then to owner of vehicle. It is the responsibility of each lienor upon satisfaction of lien to deliver certificate of title to lienor next entitled to possession and, if none to owner, which may be accomplished through registered or certified mail addressed to lienor or owner entitled to possession at address as shown upon certificate. See West Virginia Code Section 17A-4A-6
West Virginia Code from The West Virginia Legislature

Possession and Sale Top

Possession Without Breach of Peace Unless otherwise agreed a secured party has on default the right to take possession of the collateral. In taking possession a 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 West Virginia Code Section 46-9-503
Right to Redeem At any time before secured party has disposed of collateral or entered into a contract for its disposition under section 9-504, or before discharge under section 9-505, debtor or any other secured party may, unless otherwise agreed in writing after default, redeem collateral by tendering fulfillment of all obligations secured by the collateral, expenses reasonably incurred by secured party in retaking, holding and preparing collateral for disposition, in arranging for sale, and to extent provided in agreement and not prohibited by law, reasonable attorneys' fees and legal expenses. See West Virginia Code Section 46-9-506
Compulsory Sale If debtor has paid sixty percent of the cash price in case of a purchase money security interest in consumer goods, or sixty percent of the loan in case of another security interest in consumer goods, and has not signed after default, a statement renouncing or modifying rights under this part, secured party with possession of collateral must dispose of it under section 9-504, and if he fails to do so within ninety days after possession, debtor may recover on secured party's liability. See West Virginia Code Section 46-9-505
Acceptance As Satisfaction In any other case involving consumer goods or any other collateral, a secured party in possession may, after default, propose to retain the collateral in satisfaction of the obligation. Written notice of the proposal must be sent to debtor if he has not signed after default a statement renouncing or modifying rights under subsection. In case of consumer goods no other notice need be given. In other cases notice must be sent to any other secured party from whom secured party has received, before sending notice to debtor or renunciation of rights, written notice of claim of interest in the collateral. If the secured party receives objection in writing from a person entitled to receive notification within twenty-one days after notice sent, secured party must dispose of collateral under section 9-504. In the absence of written objection, secured party may retain the collateral in satisfaction of the obligation. See West Virginia Code Section 46-9-505

46-9-504. Secured party's right to dispose of collateral after default; effect of disposition.
Sale and Application of Proceeds A secured party after default may sell, lease or otherwise dispose of any or all of the collateral in its then condition or following any commercially reasonable preparation or processing. Any sale of goods is subject to the UCC article 2 on sales. The proceeds of disposition are applied in the order following to reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like and, to extent provided for in agreement and not prohibited by law, reasonable attorneys' fees and legal expenses incurred by secured party. Proceeds are next applied to satisfaction of debt secured by security interest under which the sale is made. See West Virginia Code Section 46-9-505
Subordinate Interests If any proceeds remain, they would next apply to satisfaction of debt secured by any subordinate security interest in the collateral if written notice of demand is received before distribution of proceeds is completed. If requested by secured party, holder of a subordinate security interest must seasonably furnish reasonable proof of interest, and unless he does so, secured party need not comply with demand. See West Virginia Code Section 46-9-505
Accounting and Deficiency If the security interest secures debt, secured party must account to debtor for any surplus, and, unless otherwise agreed, debtor is liable for any deficiency. See West Virginia Code Section 46-9-505

Public or Private Sale After Notice Disposition of the collateral may be by public or private proceedings and may be at any time and place and on any terms, but every aspect of the sale including method, manner, time, place and terms must be commercially reasonable. Unless collateral is perishable or threatens to decline speedily in value, reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made must be sent by secured party to debtor, if he has not signed after default a statement renouncing or modifying right to notice of sale. In the case of consumer goods no other notification need be sent. In other cases notice must be sent to any other secured party from whom secured party has received, before notice to the debtor or renunciation of his rights, written notice of a claim of an interest in the collateral. See West Virginia Code Section 46-9-505

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#7 Consumer Comment

Charged for stealing your car?

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

How can a lien holder be charged for stealing a car that they have a lien against.

Here is NY, no such court order is needed. The repo folks act as an agent for the lien holder - the lien holder is a de facto co-owner of the vehicle.
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#8 Consumer Suggestion

Repo Man

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

The repo man has to show an order from a judge to come get your car. If there was not an order then the vehicle was stolen. I would call the cops, give them a good description of the vehicle and all personal property in the vehicle. If no order was ever given the call an attorney to start making people's lives uncomfortable.
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#9 Consumer Suggestion

Not much recourse

AUTHOR: Ripoff Reporter - (U.S.A.)

Based on what you wrote, it does not sound like you have much recourse against Americredit. They tried to make arrangements, but you did not hold up your end. Understandably so considering your health situation, but the finance companies, especially second chance finance like Americredit, aren't very forgiving. Since they would not do a deferment, you were probably very close to or over the 90-day delinquency point. They usually will repossess at the 90-day past due point or anytime the insurance lapses.

Some states have a certain number of days the vehicle must be stored and not sold. The law may enable you to catch up the payments and pay the repo fee, to get your car back. Check into the law in your state and see if this is still available to you. Coming up with the money will be better than having no car and being stuck with the deficiency balance (If you do wait for the collector to call, you can usually settle deficiency balances for pennies on the dollar).

As for the missing property, that would fall on the repossession agency/their insurance company. Proving the items were there and were kept by the repo folks is probably not possible. Too much time has elapsed anyway.
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