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Report: #873907

Complaint Review: Nagigator - Indianapolis Indiana

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  • Reported By: Christina30 — Terre Haute Indiana United States of America
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  • Nagigator PO box 17567 Indianapolis, Indiana United States of America

Nagigator Freedom Auto Sales I forfeited my car and now a yr later, they are suing me for the balance left on it. Indianapolis, Indiana

*Consumer Comment: What is not true...

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In 2006, I got a car from what use to be called Royce Motors...I loved the service and they made it easy and the staff was great...no problems there. But when they changed over to Navigator, it became a whole different story.

In Sept of 2008, I was involved in an accident with the car and it became considered totaled. I went to them that evening (after working my day shift after the wreck w/a bruised chest) to report the issue and see what I had to do. The manager was rude and didn't care about my feelings of feeling bad for the whole incident.

I went to my insurance company next and got the figures of what they would offer to settle the remaining balance...when Navigator accepted, I thought all was well because they allowed me to get another car and continue on. My insurance paid over $3100 to settle the balance that I originally had of $6100, but then for 3 months after that, my insurance was contacting me asking ME why Navigator wouldn't give up the title...Navigator held on to the title for over 6 months after it was settled and each time I asked them about it, they would say 'Oh, it's been sent'...and then I'd get another call from my insurance complaining that is hasn't....way to go for putting me in the middle...I sure in the heck didn't have it.

Well, after that was over, they changed over to Freedom Auto Sales and I had hit a rough spot with my payments. I did owe up to it trying to get them caught up and all, but when I lost my job in Feb of 2012 and my husband got injuried on his job and had surgery a month later, it made it very hard to keep up.

I called and thankfully some understood and helped me make payments to keep my head above water...I give them thanks and kudos for that...but when I did that, not everyone got the memo and someone would call each and every one on my references...telling them of my payment info and blah blah blah...really? That was all my business...mine and theirs only.

On a Thurdsay (before Memorial weekend), I made the decision to call and ASK them to come get the car. I told them that we could no longer afford to pay for it and I was forfieting it willingly. They came that Saturday and took the car. I recieved a paper in the mail stating they REPOED it, which is so not true when I gave it to them, and that was all...no mention of remaining balances, and near a yr later...today...I'm being served/sued for the remaining balance of the car and attorney fees....Really?

I came to find out that when they 'sold' me the 2nd car, they tacked on the remaining balance of the 1st car even though my insurance paid them over $3100 to settle it.

I think this is way retarded. I'm sure they sold the car and according to my papers, they had the right to resale it (which I'm sure they did) and what they got for it was to pay whatever I still owed, but WHY should I be held to pay for a car I no longer have and they have already sold?



This report was posted on Ripoff Report on 04/25/2012 06:09 PM and is a permanent record located here: https://www.ripoffreport.com/reports/nagigator/indianapolis-indiana-46217/nagigator-freedom-auto-sales-i-forfeited-my-car-and-now-a-yr-later-they-are-suing-me-for-873907. 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. READ: Foreign websites steal our content

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#1 Consumer Comment

What is not true...

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

POSTED: Wednesday, April 25, 2012
They came that Saturday and took the car. I recieved a paper in the mail stating they REPOED it, which is so not true when I gave it to them.
-
Is your belief that the car was not Repossessed.  You see when you told them to get the car it became a VOLUNTARY Repo.  With the exception of the effort they had to use get it, this has the same effect and consequences as if it was a regular repossession.

But let's roll-back your situation.  When your insurance company "Settled" for $3100 that does not make the remaining $3000 go away.  Whether or not you have the car you still owe the balance of the loan.  So when you got the new car of course the rolled that balance into your new loan, and I would bet that if you read over the paperwork that YOU signed you would see that it was all laid out for you.

Now, with this said there are specific requirements that they must follow for Repossessions.  One is that when they sell the car they must deduct that amount from your balance.  But depending on how they sold it, it is unlikely that they got more than a fraction of it's value, and since you had the other balance rolled in I can guarantee you that you still owe money.

So what ever you do DO NOT miss the court date or any requirements(such as filing an answer).  If you do you may end up with a default judgment.  When you go to court make sure that they can justify the amount they are suing for.  This includes having them provide documentation as to how much they sold the car for.  You didn't mention how much they are suing you for, but it sounds like it may be enough to make it worth while to at least consult an attorney.  But if you do this, don't expect an answer much different.
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