Wells Fargo Auto Finance RIP OFF, LIARS, and SCAM ARTISTS!! Would like to hear from an attorney with legal advise please. No nasty comments needed or wanted. Serious advise only. Santa na, California

You did not come here for serious advise, because you never said what advise you were looking for.  You came here for people to join your "Pity Party", where they can say "Oh you poor person how dare the bank repossess his truck".

You wanted someone to come here and tell you that the Repossession was illegal and he doesn't owe the money.  You wanted someone to tell you that because he HAD perfect credit, lost his job, and drives you to the hospital 2-3 a month that the bank should not have repossessed the truck.  But that is not what you got and you don't like it.

When your roommate got the loan he agreed to use the truck as security.  There was nothing in that loan that said he had to pay only when he could.   There is nothing that says he gets "gold stars" for making his payments on time for 3 years.  He made them faithfully for 3 years because that is what he made a legal agreement to do.  They(and that means ANY lender) could repossess the car even if he only had 1 payment left..because until it is paid off it is NOT his car.

You mentioned the FDCPA, but as stated the FDCPA doesn't apply to Original Creditors it only applies to 3rd party collection agencies.  So any claims on that would be thrown out before you even made it to court.

As long as the Repo company followed the law there is nothing you can do about it, and nothing you posted here shows that anything was done illegally.  However, as suggested before if you really think they did something illegal then go find an attorney who will take this case on a contingency basis and see what happens.  But if the lawyer says that you need to pay them up front you need to turn around and leave.  They are asking for money up front because they don't think you have a solid case, and in the end would probably loose more money to them in their fees. 

Go to where the truck sits.

Blast away.

Feel better!

Mr. Flynnrider is usually right on target and his response to you was exactly on the mark and you can't get any more "serious" than that. 

To the gentleman claiming lawyers aren't on this site...you better think again because you're dead wrong!

Now back to the OP...

You can cry and whine all you want but theres nothing here but a legitimate repo...nothing more and nothing less.  If an attorney who read your report thought you had a REAL CASE, he/she would gladly take it on a contingency basis which means they don't get paid until and unless you win.  No worthwhile attorney will take your case on a contingency basis because you can't win.  Some can take the case on an hourly basis, go thru the motions and run up lots of revenue for themselves at your expense but nobody is stupid enough to put their license and reputation on the line for a few bucks! 

Bottom line here is your friend DOES NOT HAVE A CASE.  It was a LEGITIMATE REPO which he/she brought on himself by NOT paying on time. 

END OF STORY!

Someone with good credit can use other resources to cough up $340 such as a cash advance on a credit card. It's high interest but not too outrageous in comparison to the consequences.

Not a big deal. He can get another loan after the repo cycles off his credit report in 7-10 years.

I guess there are a couple of things you should be aware of:

1.  I would not look for a lawyer here:  Aside from the fact that you're not going to find a good lawyer trolling this site, you sure are not going to find one who would do the work pro bono.  The sort of work it would take won't be cheap and it will take many hours of legal work to do anything.

2.  Immaculate credit?  Not anymore:  A repo item is going to show pretty badly on anyone's credit report, so the clean credit report is no more.

It is a shame, but a lot of people get into debt without considering what might happen should they happen to lose their income, especially in these days.  When your debt to credit ratio begins to exceed 0.2, a lot of really bad things can happen and with your current physical condition, it makes things tough all around.

So what to do?  I would do what is needed to borrow the money needed, but borrow the money from family.  Do not engage in a loan from a payday loan store (especially Cash Call) or other such stupidity.  Even if your roomate were to find a job quickly, such a loan would quickly add to the misery you're in.

I would also consider negotiating with the repo company and try to talk them down in price, but only when you're ready to pay.  If you try to negotiate without the ability to pay, no one is going to talk to you....Keep talking to Wells at the same time; don't be rude and don't be pushy.  None of that will get your car back.  If you get nowhere, fine.  They're not obligated to do anything.

Finally, don't be rude to anyone here.  You may not like the advice, but it's a tough situation you're in, and there is very little the bank did wrong here; they're just insensitive.  Best of luck to you.

He HAD never missed a payment in 3 years... See that word HAD...it means
is in the PAST. And, yes, the last 2 months since he was waiting for
his unemployment to get straightened out, he was unable  pay. If you are
going to just pick at little things, then you obviously have a little
too much time on your hands. I made it quite clear in the TITLE that I
am asking for SERIOUS REPLIES from someone who can help...not someone who no other intention besides picking my concerns apart word for word. Im trying to find help for
my friend, so if you have nothing constructive to offer, please just
keep your comments to yourself. Thanks.

"He had NEVER missed a payment" and "All he owed was 2 payments" are two contradictory statements.

"they repo'd his truck on 7/13/2011, which was 2 days before it was due"

Before what was due? The second missed payment?

  Here's how this works.   Your roomate got behind in payments.  Of course the bank is going to tell him that everything is fine and dandy, until they pick up the truck.   It is their experience that if the tell someone they are coming to reposses, it's unlikely that they will find the vehicle.

   Bottom line is that your roomate was behind on payments and the loan contract allows the lender to reposess in that case.  It's that simple.  Anytime you are delinquent, repossesion is a possibility.

" They called about 6-10 times a day, even though is a violation of the FDCPA Laws. "

  If that were actually a law, you might have some cause of action, but it's not.  FDCPA applies to third party collection agencies, not primary creditors.

" My roommate has immaculate credit and has ALWAYS paid his bills."

  If that were truly the case, you would not be posting here.   If you are two months behind in payments, lenders do not care how well you have paid in the past.  

   I'm not sure what kind of advice you're looking for, but from my point of view the basic issue is that the bank legally repossesed the vehicle according to the terms of the written contract.    You can't really sue them for being rude or jerks about it.   That's pretty much par for the course for those who work in the collection/repo side of the business.