Wachovia Dealer Services Improperly REPOSSESSED VEHICLE without NOTICE OR WARNING after Midnight! Arrangements made w/Wachovia to catch up on 2 pmts. Santa Ana California
I have had my loan since 2005, and have less than 12 months left to pay. I was 2 payments behind after loosing my job, but made arrangements with Wachovia regarding this situation.
I was called on a daily basis and harassed by Wachovia, despite the payment arrangements made, which gets mentally exhausting.
As I was just getting ready to go to bed, I noticed a tow truck in my driveway taking my vehicle or REPOSSESSING MY VEHICLE. I was in a state of shock, especially when I made a payment 15 days prior and had anothe payment scheduled for that week! Needless to say, my vehicle was towed out of State, about 2 hour ride away.
When I called Wachovia the next day I spoke to "Tony" to ask what needed to be done to get my vehicle back. "Tony" was verbally abusive and told me "You don't deserve to have it back" then called me a "Dead Beat...Low Life" who can't pay my debt, along with many other nasty comments and names attacking my character.
"Tony" then told me he would have to "Think about letting me have my vehicle back and wait to hear back with the decision." After several hours, and many calls, I found out I had to pay a total of $1,284.56 ($984 late fees, $300 repo fee to Wachovia & $217 storage/towing) to get my vehicle back.
I sent money Western Union, had to wait 2 days for them to process the paperwork, then had to drive almost two hours to pick up my vehicle which I found had body damage to the rear quarter. Now not only do I have this expense, but damage to my vehicle???
It is my understanding that the towing, storage, & repossession fees were unlawful since I was not given any prior notice of their intent, and for me to get my vehicle back, the only thing I should have had to pay was the past due amount owed on my loan. I called the Banking Commission, and they haven't heard a response from Wachovia and its been over 30 days. I don't understand where I can get some help with this situation? Please give me some guidance or help to fix my vehicle and recoup any money that I am owed for these wrongfully charged fees.
Alicia
New Haven, Connecticut
U.S.A.
2 Updates & Rebuttals
Ray
Colonial Heights,Virginia,
U.S.A.
You don't own until PAID OFF.
#3Consumer Comment
Wed, May 06, 2009
The bank do not have to notify to you about repossess your vehicle. The only thing the bank will notify is the past payment due. It can be from phone call or letter in mail.
Yes, you have to pay the past payment due + up coming payments + repossess fee + storage charge + bank fee to get your vehicle back. I don't know how the bank handle the late fee charge.
IF YOU DON'T MAKE THE PAYMENT, IT WILL REPOSSESS YOUR VEHICLE.
Ashley
Springfield,Missouri,
U.S.A.
Call a lawyer
#3Consumer Suggestion
Mon, May 04, 2009
Your best bet is to contact a lawyer and lay out your situation for them. Take pictures of the bumper for evidence.
I don't know what the specific laws are in your state are, but here in Missouri they don't have to notify you on intent to repossess. Just being late on your payments allows them to do this. The reason being is that it is not your car until paid for, the bank owns the vehicle. In your story that 984$ in late fees sounds HUGE, were you late on a lot of payments an that was stacking up?