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Auto Repo / Charge-off - Wells Fargo Auto Finance

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I lost my job in October, and my car was repossessed in December and sold in February.

I am thinking I might have some way to dispute the charge-off (about $18,000). But I keep reading that I shouldn't do this as it may invite a judgment.

My reasons for wanting to dispute it are that they never notified me of the time/date/location of the auction (they told me over the phone it would be sold on a certain date); they sold the car 2 days before they said they would (bank told me that over the phone); the bank then failed to mail me a letter stating the deficiency. And they had my correct address. I only learned of the deficiency on my credit report just now.

Oh, and also the total amount for the car is wrong. It's about $10,000 LESS than my contract states. I normally wouldn't want to kick that dirt, but if it could get me out of this, then I would.

Also, are they required to wait a certain amount of days before taking the car? I made my last payment on the 12th of October, and they took the car on the 18th of December. They put on my credit report that at that point, I was 180 days past due.

Any ideas/advice out there?

Thanks!

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I lost my job in October, and my car was repossessed in December and sold in February.

I am thinking I might have some way to dispute the charge-off (about $18,000). But I keep reading that I shouldn't do this as it may invite a judgment.

* i wouldnt kick dirt unless i had all my paperwork in a row

My reasons for wanting to dispute it are that they never notified me of the time/date/location of the auction (they told me over the phone it would be sold on a certain date);

* well they "sorta" told you when they talked to you on the phone.

they sold the car 2 days before they said they would (bank told me that over the phone); the bank then failed to mail me a letter stating the deficiency. And they had my correct address. I only learned of the deficiency on my credit report just now.

*you mean btw what you owed and what it sold for?, if you disagree with the balance, make sure you get something showing what you owe - sale price and what balance is left,,

Oh, and also the total amount for the car is wrong. It's about $10,000 LESS than my contract states. I normally wouldn't want to kick that dirt, but if it could get me out of this, then I would.

* again you need to know what the balance remaining would be. ..do you WANT to pay that extra 10,000 , ?

Also, are they required to wait a certain amount of days before taking the car?

* READ the fine print alot of dealers will add a "waiver" of repo notice , they dont want to have to go to court for a order,could even say if your xx days late they can repo and charge you XXX for it..

I made my last payment on the 12th of October, and they took the car on the 18th of December. They put on my credit report that at that point, I was 180 days past due.

* they could be going from that repo date to the Selling date, as you MAY have been able to pay the loan off during that time

Any ideas/advice out there?

Thanks!

* get your paperwork and Read all that fine print, you may want to be careful here you may end up owing alot more that you think

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Yes, I do have all the paperwork in a row. I basically need to find out if I can get this off my credit report on any of the following technicalities:

In regards to them not sending me a notice of sale, I thought they were required by law to send something stating the time/date/location. Is this true?

Are they required by law to not sell the car until the date they said they would? They were supposed to wait until Feb. 14th to sell the car to give me a chance to pay off the amount owed. But they sold it on Feb. 12th.

And are they required to mail me a certified letter stating the terms of the sale? The amount of sale and the deficiency?

Is it true that I can dispute the entire item altogether on my credit report if the numbers are wrong? Including the total? A verification of credit?

And are they required to wait a certain amount of days before repossessing a vehicle?

My credit report states that it was repossessed in December, and that my payments were 180 days late. This is incorrect. They were 60 days late in December, at the point of repossession. Seeing as this information is incorrect, could I dispute on this matter as well?

My goal here is to get this thing off my credit report, by technicality.

Anyone out there with experience in a matter such as this?

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I am going through the exact same thing....kind of weird:confused: No notice of sale, no letters or anything..it will be good to hear some responses on this.

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Well, at least we're not alone!

Oh, and another question: Was the repo company or the bank supposed to provide me with my plates?

And also: The DMV sent me a letter in March stating they were going to suspend my registration on the repossessed car because there was no proof of insurance on record. Keep in mind, the car was sold in February.

OK thanks!

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I do believe that they are supposed to provide you with the plates because they are in your name...., but don't quote me on that :oops:

Funny thing with my situation, I had the car for two years after it was charged off. I called to get the mailing addy so that I could mail them a pfd letter, and the very next morning I went outside and the car was gone. I had moved to a completely diffrent city and never gave the my new address. This happened in February, and I still have not recieved anything. I too want to dispute with the cra's but am afraid of judgement...so hopefully everything will work out with the both of us.:goodluck:

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Oh and about the dmv suspending your liscense it depends on when they're questioning your not having insurance. If it was prior to the repo and the car being sold then you are required to show proof. If it was anytime after it was repoed and sold then you shouldnt be held accountable because it is no longer your possesion.

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Yeah, the car was covered until after the car was repo'd. I should follow up with the DMV to make sure the car isn't in my name still.

They got my car out of the blue, as well. I was scraping by, trying to get little jobs here and there to make a payment, and they came at 4am, shining lights in my house and banging on my door. It was very scary. Since then, I haven't been able to work cuz my house was in the middle of nowhere, and couldn't drive to find work with no car, and consequently got evicted from my house I was renting. Kinda blows. Never got the chance to recover from my job loss. It would be nice to fix this and get it off my credit so it doesn't cause any problems down the road. It feels like I've already lost everything as it is.

Anyway...if I can't find a self-help solution, I may have to find a free lawyer through Legal Aid to get this off my record somehow.

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First send them a validation letter of how they came up with the amounts, where the car was bought, for how much and any thing else you can think of to add in. They will not respond properly, when they dont you have evidence now to take to Justice of the peace courts. You will not sue for damages yet only for removal of item. Did they send a certified notice that they were posting to your acct? I can answer-NO!! That was first violation, second is reporting incorrectly, and so on and so on..The JP court is our power and secret...

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I work for a class action plaintiff's law firm that is prosecuting a lawsuit against Wells Fargo Auto Finance for its auto repo practices. Since you live in California, we might be in a position to assist you if you have not already retained an attorney to work on your behalf.

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I work for a class action plaintiff's law firm that is prosecuting a lawsuit against Wells Fargo Auto Finance for its auto repo practices. Since you live in California, we might be in a position to assist you if you have not already retained an attorney to work on your behalf.

I am in CA and need help desperately with my multiple problems with Wells Fargo Auto Finance...how can I get in touch with you? Please help, they tried to repo my car last night....

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Having gone trough this my self i can help.

In most states, look it up for your state, they repoing party has to give you a redemption period, usually ten days but it depends on your state statutes. A redemption period is so much time for you to pay what the repoing party says you owe and you get the vehicle back and continue to make the monthly payments.

My bank violated this law and several others.

They have to send a letter "notice of sale date" and you can go to this sale and buy your vehicle at auction if you have the money.

If the vehicle is sold at auction they have to send you a "letter of deficiency" stating how much the vehicle sold for and how much the difference, or deficiency, is.

The company that repos your vehicle has to let you have all of your belongings that may be in the car, to include plates. If they don not reach an agreement with you as per date time you can pick up your belongings you can sue them. You may have a hard time proving what exactly was in the vehicle, but you can file a suit.

In most states there can not be a "breach of the peace" during the repo, i.e. if there is an argument that breaches the peace call the law. One fast way of stopping a repo is to tell the repoman that you want this matter adjudicated in court. At that time the repo is supposed to stop. It probably wont but that gives you more ammo if you sue the repo company.

Now if all the paper work was not sent to you after the sale and you can prove it, burden of proof is on the repoing party to prove they sent it to you, then if they sue at a later date to collect the deficiency you use this as an argument.

I got my truck back, won the law suit when they tried to collect, and I own my truck free and clear and they lose 16000 bucks. I own a 08 dodge ram hemi.

hope this helps.

I also sued the repo company for damaging my truck while it was on their lot, breach of the peace as he threatened to shoot me, not returning my belongings, trespass as it was 4 am when they showed up, criminal conversion, my wallet was left in the truck, yes it was stupid of me to leave it in the truck but I learned. I walked away with 6500 from them.

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