Nissan Corp & Nissan Motor Acceptance Corp repocessed but should not have been Los Angeles California

I purchased a truck in April 1996. I never received a coupon book or statement, so I could make a payment. After reviewing my paper work I realized a payment need to be made. I sent a payment in with a letter explaining why I didn't have an account number to accompany my payment. I made my first two payments this way. On July 6th I received a letter from Nissan stating they have not receive a payment from me. This was on a Saturday 3:50 or so our time (before 6:00 their time).

The office is located in Dallas Texas, which at that time there was a two-hour difference. I called their office and gave them my SS#. It stated the office was closed. I then called the dealership where I purchased the truck and told them what was going on. They told me not to worry because this was their first communication with me. They did tell me to make sure I call them on Monday to get this situation taken care of. When I got up on Sunday my truck was gone. I called the police because I thought my truck was stolen. They called me back to let me know my truck was repossessed. When I got up Monday, I called Nissan before I went to work. My sister was there with me because she had to take me to work.

I dialed the number but I didn't put in my SS# and I received an operator which then transferred me to a Mr. J.R Todd. I began to tell him what was going. I was upset at this time due to the fact I had to travel the next day. Everything was in my truck, the presentation and my airline tickets. He WOULD NOT tell me where my truck was located. I then became even more upset. Then he hung up on me. I called back and put in my SS#. The recording stated the office was closed. I looked and my sister and told her what the recording had said. She was sitting right in front of me when I was having this conversation. She then tried to call them back, I gave her my SS# and it did state the office was closed.

I could not believe this due to the fact it was almost 10:00 am in Texas. I went to work and on my break I called back. I did not put in SS# and when I got an operator, I asked for Mr. Todd's manager. They transferred me to Mr. Todd. When he got on the phone he was VERY RUDE to me. He wanted to know why I wanted hi manager, his manager wouldn't tell me any different. I forgot to mention, with our original conversation, I asked about my checks I sent in. I told him I didn't have an account number. He told me they are probably in our "dead letter"file. I asked how often someone checks this file, and he wouldn't answer me. Anyway, I told Mr. Todd (again) I wanted to speak to his manager, he then put me on hold for over ten minutes then I was transferred to his manager's audix.

I was very upset at this time. It was still early enough in the morning that I could re-due the presentation. At this point my boss was not happy with me. It took the rest of the day to do the work again, I also had to order another set of tickets. I went on my business trip Monday Night and came back on Tuesday night. When I returned to work on Wednesday, my first break was spent calling back his manager. His manager did leave me a message when I was gone. We have a very long conversation. I did ask about the checks and he didn't answer the question either. I also asked him why I didn't receive any statements or coupons so I could have my account number. He stated that they were returned.

I asked him to fax me a copy of the statement and a copy of the envelope. He had stated that once they note my account they trash everything. I did state something I should not have. I told him I worked in the corporate world long enough to know you DO NOT throw anything away! It is called covering your a*s, for instances like these. I know I should not have used the word I did, but it was too late. The manager also asked me if I could really afford the truck. Wasn't the payment to high for me? I told him not to worry about the payment amounts. I proceeded to ask other questions concerning their business practices and he couldn't answer my questions.

I was told if I were to pay the two months and the towing fees, which he said came up to over $500.00, I could have my truck back. I told him there was no problem getting the truck payments considering the money was still in my account, however, I did not have the money for the towing fees. Could we work something out? He said I needed all of the money. I told him again, I couldn't pay that amount. He did tell me where the truck was so that I could pick up all my belongings. Now, foe the next couple of months, I had to rely on my family to pick me up and take me to and from work. My mother did live close to me, however, she had to drive around 25 miles to get me to work, drive back home and then pick me up.

That is a lot of miles she put on her car for me. After a couple of months my parents had enough money in their stocks to loan me some money to get a used car. This car caused me nothing but trouble. I was having it fixed every time I turned around, then the air went out. Living in Arizona, that is something I really needed. Something else I would like to bring up at this time, was the fact I was a single mother trying to make it on the little money I had. It was very difficult when I did not have reliable transportation. A couple of months later I received a phone call from a collection agency. I told them everything that was going on.

I also told them I never received a statement, then the person I was talking to, read my address back to me. I told him it was wrong and correct. The address they read was my street address, however, the city, state and zip code was for work. I lived in Mesa and worked in Tempe. So I never received the statements. I told them the story from the beginning and they said they would talk with Nissan to see if anything could be done. Of course Nissan wouldn't budge. Then around Nov of 97 or 98 I was served with paper stating they were going to sue me for the difference in the price of the truck for what it was sold for and the price of the contract.

I did not have any money for a lawyer due to the fact I have been in and out of court with my ex for child support and custody. Which, at the time the truck was repossessed, I was going through a case with my ex at the time. My mother and I typed everything out and went to court to file on my own. A lot of times this took me taking off of work which were my vacation time. This also didn't help my state of mind with everything I was going through. This case really cased me some heartache. We did go in front of an arbitration, which suggested we try to work it out. I also want to point out the lawyer they were using wasn't very good.

I called them on numerous occasions so that we could write up the necessary paper work need for the arbitration. I left many messages but no one ever called me back. I tried one more time and actually received a time to meet. I went to the Lawyers office, which meant more vacation time) and went into his office. The place was a mess! He had my folder but couldn't find anything he needed, like phone numbers. He then told me that there was not enough time blocked out for the type of meeting that I wanted. He also informed me that another Lawyer would handle the arbitration. He will have the other Lawyer call me so we could get together and put the necessary paper work together. I NEVER HEARD A THING!!

I didn't want to have this meeting dismissed, so I put together my own paper work together and sent it to the arbitrator also letting him know why I was doing it on my own. When we gathered for this meeting, was when the Nissan Lawyers gave the arbitrator their paper work. During this session I brought up the point that their paper work didn't have the correct information on them. The numbers they were using on documents 1 and 2 were correct, however, the numbers they were using for 3 and 4 were not correct. They agreed they were wrong and the arbitrator made note of this. Then when the arbitrator submitted his notes to the court, I did file for a court hearing due to the fact he was not an expert in this area, and in my opinion, he was suggesting I do this. I did not hear anything for a long time. I did fax over my change of address to the court and to the Lawyers office. I received a letter from the Lawyers office at the new address.
I was told I could go on line to check the progress of this case. I checked on line and realized there was a ruling because they couldn't get in contact with me. I then filed an appeal and gave the specifics on why this ruling should be appealed. This appeal was denied. Because of this ruling I filed bankruptcy because I could not afford to pay all the money they wanted.

I know there are some specifics I left out of this letter. One thing I think I forgot to mention was that after the first contact with Nissan, after returning from my trip, they did find one of my checks and it was cashed I think July 9th 1996. A couple of days AFTER they repossessed my truck.

Charee
Chandler, Arizona

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