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Car Cash Loans The company "assumed" I had no auto insurance and towed my vehicle without contacting me Los Angeles, California
Car Cash Loans, a car title lender, assumed I did not have auto insurance on the vehicle that I used as collateral for my loan. Per contract, I was required to keep the vehicle insured, which I did, but just happened to switch auto insurance companies two weeks ago. On March 27, 2012, Car Cash Loans did not contact me, but instead went through my family member and left that member a voice mail requesting I call back. Through this single voice mail, no warning was given that immediate action was required- it was a simple this message: my name is Danny, this message is for "JxxxxR", have him call me back. That was it, one voice mail, no direct contact to me. I was given the message later the same day, but due to pet emergency, I was not able to return Car Cash's phone call right away. Later on the evening of March 27, after taking care of the pet emergency, it was too late to respond to Car Cash Loans' message that was left earlier because their office was now closed. I returned home, grieved over my now deceased pet. Then I heard a vehicle pull up in front of the home, to my surprise it was a tow truck. I asked the tow truck driver his purpose, he had limited information other than that Car Cash Loans contracted his company, "Dedicated Recovery Services"- a repo company. I asked him for paper work showing why my vehicle was being towed. Again he gave me little to no info. He just presented me with a paper he claimed was the "order to legally take my vehicle"- it was a generic form with only my demographics and account number- with no official reason stating why my vehicle had an order for repo. I requested that the driver not tow the car away until everything was cleared with Car Cash Loans, he insisted it was his job, and that he would get fired for not towing the vehicle away. I asked what were my legal rights, he stated that all I could do was call the police and have them settle it, but he insisted nothing could be done, as I did not own the vehicle. At that point I did not want the situation to escalate, and I didn't want to give the neighbors a show, so I let the repo man take the vehicle.
On the following day, Mar 28, I contacted Car Cash Loans and talked to Juanita, the collections person in charge of issuing the repo. She was rude from the start of the the conversation, she immediately told me I was at fault for the repo due to non-payment of loan and no insurance. I clarified to her that Car Cash Loans mailed me a statement showing that no payment was required for three months due to the fact that I recently sent advanced payments. She verified then changed her story to that, the vehicle was repo'd due to cancellation of insurance. I defended my argument stating that there was no lapse in coverage, I simply switched to a different insurance carrier. She increasingly became persistent that it was my fault. I asked her why did Car Cash Loans only make one phone call attempt and immediately issue a repo order on that same day? I was never even warned about the status of my account. She claimed that several attempts were made to contact me, but they were unsuccessful. I asked her what phone numbers did they call because I never received any messages or missed calls whatsoever- other than the vague message sent on the previous day- March 27. She provided me with outdated phone numbers. I made it clear that I previously talked to two of her coworkers about one-two months prior and requested that they update my file with my new cell phone number, those two people confirmed that my phone number was updated and even contacted me via my new phone number to discus unrelated matters. I also brought up the fact that, if these alleged attempts were made to contact me, why did they not leave any messages stating that my immediate attention was required... she responded with, "that it was not their responsibility to leave voice mails." I also asked why did they not notify me through mail concerning the status of my account if the alleged phone calls made were unsuccessful, she responded again with, "that it was not their responsibility", and not part of their policy. I forwarded proof of insurance which covered the vehicle over the dates they claim were uninsured.
I requested that the vehicle be returned to me, they said sure, but I had to pay the $350+ repo fee. But why, the vehicle was insure d and the calls they claim to have made, were made to outdated phone numbers. Their office is unprofessional, incompetent, and there seems to be no sense of communication. Two people from Car Cash Loans confirmed that my phone number was updated, and I even have phone records showing that Car Cash Loans previously contacted me one month prior in unrelated matters. The fact of the matter is, I was insured, my new phone number was in their file. It is not my fault that phone calls were made to outdated phone numbers. Car Cash Loans should have been professional in this matter and have had the common courtesy to warn/notify/update me on the serious status of my account before issuing a repo order and expecting me to pay for their lack professionalism.
Now my car has been repo'd, I suffered unnecessary humiliation, I have huge added costs that could have easily been prevented with a simple courtesy notification by phone or mail. I am left without transportation, and am at the mercy of Car Cash Loans incompetent employees. I apologize for writing so much, but the yesterday I already had a bad day because my beloved cat passed away. Then when I returned home to deal with my sorrow, when all of a sudden my vehicle got repod. I had a terrible day, and to deal with thoughtless actions of incompetent people that decide to take cars away and ask questions later before verifying the facts... that's just plain wrong. I urge people not to do business with Car Cash Loans. To be honest, I think I was better off getting a loan from a loan shark, at least loan sharks have the common courtesy to warn their customers of any issues before taking action.
2 Updates & Rebuttals
Car Cash Loans
Los Angeles,California,
United States of America
Sad situation
#3UPDATE Employee
Wed, October 17, 2012
This is a very sad situation, but the customer is not taking responsibility for his own actions. The loan contract that the customer signed states clearly that he must not only maintain insurance, but he must also keep Car Cash notified if there is any change to his insurance, AND he must name Car Cash as additional insured/loss payee under his insurance policy.
When an insurance policy is terminated for any reason, including non-payment of premiums or cancellation by the insured, the insurance company sends a notice to Car Cash, simply stating that the policy has been cancelled. At this point, Car Cash has no way to know why the policy was cancelled, or whether the borrowe obtained a new policy elsewhere. Had this customer notified Car Cash of the change of insurance, as is required under the contract, and as is only ccommon sense, the problem would have been avoided. Customer breached the contract and broke his promise by not notifying Car Cash of the change of insurance, and by not naming Car Cash as additional insured (had he named Car Cash in the new policy, Car Cash would have been notified).
After receiving the notice of cancellation from the insurance company, Car Cash still considers repossession as a last resort. Car Cash staff called each and every number in the file for the borrower, and left messages. Two numbers were disconneced (a bad sign), but messages were left at the other numbers. Unfortunately, customer decided not to call back promptly, and he had a very good reason, no doubt: his cat died. But, of course, there is no way for Car Cash to have known that. All Car Cash knew was that the insurance policy was cancelled, there was no notice of a new policy as is required by the contract, and the customer was not returning calls. If the vehicle were in an accident, Car Cash would lose its entire investment, instantly.
It seems clear that had customer's poor cat not died, customer would have called and avoided the problem. It is also clear that had customer complied with his obligations under the contract, again, the problem would have been avoided. After the repo, Car Cash had to pay Dedicated Recovery the $350; Car Cash asked the customer to reimburse Car Cash for this expense, as Car Cash should not be forced to bear the cost of the customer's decision not to call back, and not to notify Car Cash of the changed insurance. In all fairness, the customer must take responsibility for his own decisions.
Jeanski
Buffalo,New York,
USA
suggestion
#3Consumer Comment
Thu, March 29, 2012
I'm not a lawyer, but it seems to me that you would have a strong case for small claims court. As long as you can prove that payments were up to date and there was no lapse in coverage you should be able to recover the repo fees. Filing in small claims can be tricky because you have to serve the right person, but it's worth a shot.
I'm sorry about your cat :-(