I know that a lot of people could care less of us that have our vehicles repo'd but we still have rights too. My husband's vehicle was repo'd back on April 18th at 2:15am. I know that because the repo people called the house the night before and my husband told them to come get the car. We have the signed paper from the repo man stating that he took the vehicle with the date, time and his signature.
Now, the funny thing is (irronic actually) that NMAC stated that they have sent my husband letters stating that he was behind on his car payment and need him to contact them immediately. My husband found this out from the repo people (A-1 Delivery) this information from NMAC. He also found out that NMAC stated that they have not received payment from my husband since last September, yet we have copies (front and back) of the checks that they have cashed in February and March of this year (just a week after the checks were mailed to them). We sent payments even though they stopped sending us bills (last bill received from NMAC was November 2004).
Also on the back of the contract states the following from NMAC regarding Default: I will uppercase the part that I'm trying to get the point across about:
F. Default: If you default in the performance of any of your obligations under this contract, including, but not limited to, the failure to make any payment when due, or if we in good faith believe that the prospect of payment or performance is impaired, we may at our option (subject to compliance with notice and other requirements of applicable law then prevailing, if any) declare the enire unpaid balance of this contract (net of any unearned Finance Charge) immediately due and payable in full, and you waive notice of our intention to do so. If you fail to pay any amount when due, or when declared due under this section F, or fail to comply iwth any of your obligations under this contract, we will have, in addition to our other lawful rights and remedies, all rights and remedies of a secured party under the law, including, but not limited to, the right, so long as we do not breach the peace, to take possession of the vehicle ( and parts and accessories which now or hearafter constitute accessions to the vehicle) and, AFTER GIVING NOTICE AS REQUIRED BY LAW, TO SELL THE VEHICLE, UNLESS YOU REDEMIT BEFORE SALE IN ACCORDANCE WITH THE LAW. EXCEPT AS OTHERWISE REQUIRED BY LAW, YOU AGREE THAT 10 DAYS NOTICE MAILED IN ACCORDANCE WITH I (6) BELOW WILL BE REASONABLE AND SUFFICIENT NOTICE OF ANY SUCH SALE. yOU AGREE TO MAKE THE VEHICLE AVAILABLE TO US AS AA PLACE WE DESIGNATE WHICH IS REASONABLY CONVENIENT TO BOTH YOU AND US IF WE REQUEST YOU TO DO SO. Upon your default, and to the extent permitted by law, we may also cancel any credit life and disability insurance, other insruance coverages, service contracts or maintenance contracts and recover the uneared premiums or charges therefor pursuant to our security interest therein. The proceeds of sale, unearned premiums or charges, collection and/or enforcement will be applied first to the following items: expenses of retaking, holding, preparing for dispostion, processing, and disposing of the vehicle; and, to the extent permitted by law expense of collection and enforcement, reasonable attorneys fees and legal expenses. All remaining proceeds will be applied to the balance (net of any unearned Finance Charge) lawfully owing under this contract. If any moneey is left over (surplus) then, subject to the rights of the holders of any subordinate security interests, it will be paid to you. If a balance is still remains owing, you will pay it subject to applicable laws then in effect. Our remedies are cumulative, and not exclusive, and any action which we take shall not prevent us from pursuing any other remedy to the extent allowed by law. If this contract is referred for collection to an attorney who is not a salaried employee of the Seller or Holder of this contract, you agree to pay that attorney's reasonable fee, and court costs, to the extent permitted by law.To the extent permitted by law, you agree to pay any other collection costs we incur. If the vehicle is repossessed, we may store any personal property found in the vehicle for your account and at your expense. If you fail to claim the personal property within 90 days after repossession, we can retain the property or dispose of the property in a reasonable manner and distribute any proceeds of such disposition according to applicable law.
I. (6) EXCEPT AS OTHERWISE PROVIDED BY LAWOR IN THIS CONTRACT, ANY NOTICE WE ARE REQUIRED, OR DESIRE, TO SEND YOU WILL BE DEEMED PROPERLY AND SUFFICIENTLY TRANSMITTED WHEN DELIVERED TO YOU BY HAND OR WHEN PLACED IN A DEPOSITORY OF THE U.S. POSTAL SERVICE, POSTAGE PREPAID, ADDRESSED TO YOUR LAST ADDRESS AS SHOWN Y OUR RECORDS (INCLUDING THE LAST ADDRESS YOU HAVE NOTIFIED US OF).
I know that the above is long, but I wanted to show the whole part so there are not questions as far as what the whole part states. If you notice in uppercase that it states that notice to be sent 10 days. We found out from A-1 Delivery (the people that repo'd the vehcile for NMAC) that we are to receive a notice within 10 days from the date of repo. Also, Tracy at A-1 Delivery stated to my husband that he shouldn't wait for the 10 day letter to get the car back. The only problem with that is, my husband called NMAC and they had already transfered the account to the "Charge Off Department" and that the customer service could not even open the account information. So our conclusion is that if the account was already in the "Charge Off Department" then they are ready to sell the vehicle as soon as it was repo'd. Also, we don't even know where they put the car and they are not willing to tell us either.
There are too many holes in this situation, as I stated at the begining, I know that it is bad enough that we let the car get repo'd but the company has to uphold it's part of the contract also. It's just like the saying "Two wrongs doesn't make it right."
We just want to know what our rights are legally in this situation. Also, if they sell the vehicle and we still don't receive anything from NMAC on what my husband owes on the vehicle, what do we do then. If we haven't received bills and two so called letters and now we still haven't received this 10 day letter, who is to say we will even receive that.