Atomic Auto Title Loans, Inc. - James D. McAllister /Patrick G. Tankersley, Directors THIS COMPANY STOLE MY CAR!!! Virginia Beach Virginia

Atomic Auto Title Loans, Inc. (hereinafter "Atomic"), until recently, had an office located at 4465 Shore Drive, Suite 1, Virginia Beach, VA 23455. Services provided by this company include the cashing of checks, purchasing gold and making cash loans on automobile titles. Acccording to records on file in the Clerk's Office of the Virginia State Corporation Commission, the company has two owners/directors: Mr. James D. McAllister and Mr. Patrick G. Tankersley.

In a time of dire straits (overwhelmed financially with medical expenses; no income as a result of medical complications rendering me unable to work; mounting bills; etc.), I took the drastic measure of securing a title loan on my vehicle from Atomic in July 2008. I did not receive much - less than $1,000.00, but the loan helped with prescriptions expense (I have no medical coverage), rising gasoline prices, food and bills. The loan was secured on July 16, 2008.

By contract agreement, my loan payment - at least the interest portion thereof - is due each month "by the due date indicated", or the 16th of each ensuing month. Also, by contract, I am in default of the contract agreement should I fail to make a required payment "within 10 days after the Payment Due Date". Accordingly, I (or any person under a similar contract agreement) have until 11:59pm on the 26th of each month to submit payment before a default has occurred, as is the case with things such as rent, mortgage, or any other financial installment obligation.

At 1:35pm on the afternoon of Friday, September 26, 2008, I learned that my vehicle was not where I had parked it two days previous - in my resident parking space. At 1:36pm I placed a call to the Virginia Beach Police Department to report my vehicle as missing or stolen. At that time, I was advised by the VBPD communications officer after a records search that my vehicle had been reported as having been "repossessed" at 11:42am the same day.

Subsequently, at 1:43pm, I placed a call to Mr. McAllister, one of the owners of Atomic, to inquire as to why my vehicle had been repossessed over 12 hours prior to the default deadline - over 6 hours prior to the close of the business day for Atomic. Mr. McAllister did not answer the call; I left a voicemail expressing my discontent over my vehicle being repossessed prematurely, demanded a return phone call as well as the return of my vehicle.

As of this writing on Saturday, September 27, 2008, neither my phone call nor vehicle have been returned. Indeed, my personalized license plates are NOT a part of any improvement(s) on the vehicle, NOT subject to repossession, have NOT been returned and are likewise considered as stolen. INSTEAD, I received via U.S. Postal Service at 4:04pm this date a certified/return receipt requested letter from Atomic, signed by Mr. McAllister, stating that my vehicle was indeed "repossessed by us on 9/26/08".

Under Virginia law, should a legal matter arise regarding a repossession subsequent to a ligitimate contract agreement default, it is civil in nature. However, also under Virginia law, "...no acceleration of payment or repossession on account of late payment or nonpayment of an installment shall be permitted if payment, together with any late payment penalty permitted ... , is made within ten days of the date on which the installment was due." Code of Va., Section 11-4.3. Again, my contract agreement would not have been in default until 11:59pm on Friday, September 26, 2008. My vehicle was repossessed at 11:42am on Friday, September 26, 2008.

With my vehicle being reported to the VBPD as "respossessed" over 12 hours prior to any default deadline and over 6 hours before the close of business for Atomic, the repossession of same is no longer a civil, but rather, the taking of my vehicle, a criminal act. In the least, Atomic has committed grand larceny.

"Any person who ... (ii) commits simple larceny not from the person of another of goods and chattels of the value of $200 or more ... , shall be guilty of grand larceny, punishable by imprisonment ... for not less than one nor more than twenty years, ... , be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both." Code of Va., Section 18.2-95 (1950), as amended.

However, when a "repo man" acquires a vehicle, it is with a clear intent to sell it in order for the proceeds therefrom to go toward satisfying or being credited toward the initial amount of the loan plus any accrued late penalty fees, storage charges, and/or other additional expense(s) associated with the repossession. With that in mind, Atomic's act was one of larceny with the intent to sell.

"Any person who commits larceny of property with a value of $200 or more with the intent to sell or distribute such property is guilty of a felony punishable by confinement in a state correctional facility for not less than two years nor more than 20 years...." Code of Va., Section 18.2-108.01(A).

After my several telephone conversations with the VBPD, Virginia Beach Consumer Affairs Administration and the Virginia State Corporation Commission, I was guided toward the Virginia Beach Office of the Commonwealth's Attorney to discuss the option of filing a criminal complaint. When I made the call to that office, I was connected to the office of the attorney on duty, whose voicemail I reached. I left a message stating I had a matter to discuss regarding an auto theft but, apparently due to the lateness of the day on a Friday afternoon and the non-emergency nature of my call, I have yet to receive a response from that office.

In the meantime, I am without my vehicle, cannot get to and from work, and will lose even more much needed income.

Atomic's office originally located on Shore Drive has since closed and is now located at 2957 Cherie Drive, also in Virginia Beach, the residence of one of the owners, according to Mr. McAllister as told to me personally by him via telephone prior to the occurrence of this reported incident.

If you have had, currently have, or intend on having any business dealinings with Atomic Auto Title Loans, Inc., please avoid using your vehicle. It will save you a LOT of headache.

Anonymous
Virginia Beach, Virginia
U.S.A.