- Report: #1161609
Complaint Review: CNAC Finance Company - Glendale Hights Illinois
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CNAC Finance Company
806 North Ave Glendale Hights, Illinois, USA
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CNAC Finance Company Liers Glendale Hights Illinois
I had lost my job..in the process of that.. my family and I lost our place to stay. This had been a very hard time frame inmy life. I lived in my car, hotels and any where we can be safe for a year. My unemployment froze up so I had to fight toget that released. At that time i fell behind in my car payments. JD BUYRIGH/CNAC came and repo my car with all my families belongings in it. Now mind you..the car was a 2000 buick centurey. I did not dispute what I owed. I paided the car down to the point it was 1200.00 but hard times came. I reached out to them in explaining what happened. And My unemployment was released in a lump sum. I took the lump sum and paid down what I owed. Though they charged me 500 in repo fees. I had been working here and there trying to keep an income but it was very hard. As time went on I was one of the ones who cut off unemployment. I tried to get work..but it was hard sleeping in a car doing job interviews. I fell behind again I admit that. And STILL want to pay my debt off. I JUST been hired in a good job like a month ago. They found my car and took it. Again all I owed was in my car as I am still homless but Now with a job able to to find a place.
I reached out to the agent about picking up all I own from the car. She a sured me everything was in the trunk it had not been open. Since I started this new job they would not let me off I let them know I will be to pick up my things the week after *they agreed verbal and i have emails* *They only had the care for 2 weeks* I go pick my things up. They gave me 2 garbage bags *small * and a bag of garbage and books. *Now I had my cloths, shoes, kids cloths,shoes,my tools because I do hair that I had for years as a stylist* They claim that was all in the trunk. I told them that all my things are gone? They gave me a bag with 1 shoe to all my shoes,1 shirt, 1 skirt, a coat and a pair of pants. And told me that was all they had. then told me they wont help me. I had the car a year with out paying. I said what dose that have to do with you givig my things. That is all I owed being homless. They blamed the Tow people. I go to the Towing company they stated they did not get anything. They did not have they keys. I told them was CNAC said ad called CNAC while at the tow place. Put them on the phoe with them..he came back in less then one minute and said "Renee said you talked with jeff" I said yes and they told me YOu all had my things. They showed me one small bag of papers. I called CNAC back and the Mangager Ron answeres. I asked him what happen to my things. He states you told me you were coming thrusday. I said yes I did come on the day agreed. Where are my things..He stated we dont have them. I asked did you throw my things way?? The Tow compay did not have them. Mind you I had it on speaker phone. He stated Yes we threw everything away and I will not go back a forth with you. I lost ALL I owned. my Shoes, cloths, tools, important papers. I have a paper that states you are to pick your things up with in 45 days it was only 2 weeks. Can they do that? I need to find Lawyer. I had hair tools worth 400.00 that kept me a float while looking for a job on top of my cloths to survive . The Tow people kept saying they were so sorry I went through that and did not charge me to get what they had back.
Last email last week:
We will be contacting our Legal Department regarding the balance of your loan.
On Fri, Jul 11, 2014 at 1:42 PM wrote:
Please feel free. How can you all keep a persons property when your own paper work states 45 day? Does your legal department have that as well?
Sent from AOL Mobile Mail
-----Original Message-----
From: @jdbyrider.com>
To:
Sent: Fri, Jul 11, 2014 01:11 PM
Subject: Re: Stolen Property
We will be contacting our legal department too! From: @jdbyrider.com>
To:
Sent: Fri, Jul 11, 2014 01:11 PM
Subject: Re: Stolen PropertyWe will be contacting our legal department too! On Fri, Jul 11, 2014 at 1:07 PM, wrote:Consumer Fraud Act
Failure to return unsecured personal property may constitute an “unfair practice” in violation of 815 ILCS 505/2, which allows actions for actual and punitive damages when unfair acts or practices are committed in the course of trade or commerce. See Robinson v. Toyota Motor Credit Corp., 201 Ill. 2d 403, 775 N.E.2d 951 (2002). See also “Consumer Fraud” on Illinois Legal Aid Online.Due to the new finding of the Law and the fact you all stolen my property and your manager admitted he threw my things away over the value of 500.00 I am submitting a demand to return my things.On the paper given to me by your company it states you have to return my things with IN 45 working days after repossion. I am also filing a Police report for stolen property against you and Ron. You retrieved your property back and I want mine. Giving me one shoe to all my shoes, a coat, and a bag of garbage and with holding my clothing, hair tools shoes and paper work that includes S.S. Information is not acceptle. I do not have your boss email. And I am looking into retaining a Lawyer since this has not been vindicated.I will send the letter certified.Property
Conversion
Where the creditor or his agent refuses to return personal property recovered with a repossessed vehicle, or where some property “disappears,” the consumer may have an action for conversion for the fair market value of the property. See Marcano v. Northwestern Chrysler Plymouth Sales, 550 F. Supp. 595 (N.D. Ill. 1982), PACCAR Financial Corp. V. Howard, 615 So.2d 583, (Miss. App. 1993); Larranaga v. Mile High Collection & Recovery Bureau, 807 F. Supp. 111 (D.N.M. 1992). See also National Consumer Law Center, Repossessions, § 7.1 through 7.5 (6th ed. 2005).
To prove conversion, a plaintiff must establish: (1) that he has a right to the property; (2) that he has an absolute and unconditional right to the immediate possession of the property; (3) that he made a demand for possession; and (4) that the defendant wrongfully and without authorization assumed control, dominion, or ownership over the property. Dargis v. Paradise Park, Inc., 354 Ill. App. 3d 171, 178 (2d Dist. 2004).
Consumer Fraud Act:This is what I sent. Do I have a case? I have emails, Wittnesess stating the manager threw my things way.. And the shoes with no matches. They gave me 1 shoe to each of my shoes.
Please. I lost it all I feel that was wrong. I still will pay the debt I dont have a problem with that. I payed 90% of the loa off befor I lost my job. What Can I do? Can they get away with this? And not go by the 45 days Policy they have on getting your things back?
HELP!!
1 Updates & Rebuttals
Robert
Irvine,California,
One thing is certain...
#2Consumer Comment
Sun, July 13, 2014
The more of a "subprime" borrower someone is the more legal they seem to get, and you have continued to prove that is true.
So first off I am not a lawyer, and if you want legal advise you need to actually talk to a lawyer. But there are a few things to think about.
Before you accuse a company of "lying", it is probably best to look at your own situation first. Because you were the first one to lie when you failed to meet your legal obligation of paying on your auto loan. Oh and sorry but unless there was some provision in your loan that said you only had to pay when you could, the reason you failed to pay does NOT matter.
Now, does your lies give them permission to lie and break the law..of course not.
But if you come to a public web site asking if you have a case, that is probably something you should have asked before you sent off an e-mail basically accusing them of theft and telling them that you are going to get a lawyer. Why? Because as the e-mail you got back, they are now going to look at taking further action against you, where they may have been more open to working with you.
So how much of a case do you have?
- Your biggest issue will probably be proof of what you claim you had. Unless you can find this witness to agree under oath to say that they saw the owners throw away you may have issues proving you had the items. For example on your "hair tools", are you a licensed cosmotologist? Do you have receipts or proof that you actually did these jobs for people. That would go a long way to proving you had these items in your car, as it would be a very valid reason and purpose. But if say you always worked "under the table" and have no proof or if you were not licensed and taking money illegally you may actually open up other issues if you go to court with the IRS and/or the State Licensing board. Again this this just something to think about.
One other thing to think about. If you for example decide to sue them for $1000, they may also sue you for the deficency balance of the car. So even if you win, the court could deduct that from what you owe them.
But again..since you have already as they say "showed your hand" regardless of if you have a case or not you may have already put things in motion and probably should at least consult a lawyer to see what options you may have.
