retmar Posted December 14, 2009 Report Share Posted December 14, 2009 A person I know recently had their car repo'd during the night. Of course, personal property was in vehicle. When they went to retrieve property, the tow company charged them $37 for their own personal property. I've never heard of this before.Under what statute can they charge a person this "fee"? Does anyone know? Give me all you have.The creditor is Wachovia. There are many problems with how this was handled, but, will stop here, too long. One thing is the manager, when finally reached, besides being quite rude, told them the car is already at auction. This is wrong in itself as in California, they must send a letter explaining all that applies, suchas pay by, or car sold on this date. As of yesterday, still no notice, as required. They have only 10 days to send this out. It is now 12. Link to comment Share on other sites More sharing options...
retmar Posted December 27, 2009 Author Report Share Posted December 27, 2009 Does anyone have an answer to this? I'm "bumping" just in case it was missed when I first posted this. Link to comment Share on other sites More sharing options...
unusualsuspect Posted December 28, 2009 Report Share Posted December 28, 2009 You'll need to be sure that their @ss is covered since Wachovia will sue...1. Send Wachovia a letter to document that there was no notice of intent sent to your friend. It will need to be sent Certified Mail.2. They will also need to see a lawyer as well.3. Sue the tow yard for the $37 fee... just because.By at least documenting the fact that Wachovia failed to send proper notice, any future claims for a deficiency balance can be wiped out when they sue. Link to comment Share on other sites More sharing options...
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