Usacomplaints.com » Business & Finance » Complaint / Review: Bank One - Bank one reposses wrongfully reposses car, ky. #146463

Complaint / Review
Bank One
Bank one reposses wrongfully reposses car, ky

Here's a good one for ya.
In 1997, due to a fraudulant real estate sale, we were basically homeless, while waiting on the lawsuit to be done we decided to go and see about buying a new moble home.

Well, we ended up needed $1800 for the down payment. We had 0. So my husband decided to sell the love of his life, his 1956 Packard Clipper, but all we could get was $1200, we had no time to dilly dally.

So then we tried to come up with the rest but couldn't. Only option... Taking from our car payment...

(In 1994 I bought a brand new 1995 Grand Am, I gave up my hot rod, a red camero with T tops to get a family car for my 2 yr old and 2 month old.)

Not wanting to get behind on the payment we really thought long and hard about it. So I thought, "well, if your credit knows what is going on, they will work with you, I mean everyone knows a home to live in is top priority".

Well since we were not deliquent on our loan I CALLED Bank One and explained the situation and ASKED if I could skip 2 payments to purchase this home. She he haed around and then agreed with me. BUT she did say "whatever you do, DO NOT let your monthly payments be late and try as soon as you can to get them caught up"

Now, keep in mind, due to the fraudulant real estate sale, it ruined our credit and we were having a hard time at that point just making ends meet from paying the attorney, etc.

So we got the mobile home.

2 months goes by and then the collection calls begin. I explained the situation about 20 times to understanding people.

Then I get Max. Max wanted to help. So he said he was going to get my loan refinanced to help. Was never done.

Then in August 1997, I got switched over to a lady, for the life of me I cannot remember her name, I think it was Michelle.

Anyway, Michelle wanted to help, she really felt for us. So she said "If you continue paying as you have, (paying on time every month, just 2 months late), in December I will defer these 2 payments for you." I was like, oh great, that will really help us!

So the payment arrangement began that month (August 19th, 1997).

On December 17th I called after making the 4th payment. I told her I made the payment has she done the deferral yet. She put me on hold and when she came back said "Oh, I'm sorry you can't have a deferrment until April." I said oh great now what. She informs me all will be fine as long as I continue paying like I have for the past 5 months. BUT, she was getting ready to go on maternity leave for 6 weeks. So obviouly I freaked out. Asked her and what happens if someone else gets the file.

She assured me "No one will, I will put it on the bottom of my file. But if I find out you didn't keep your end of the deal I will order a repossession immediately." I told her I had no problem keeping the arrangement.

Well, what do you think happened in January??? Yep, it got turned over to someone else. I told her I had payment arrangement with Michelle, she didn't want to mess with it and told me to continue as she and I had discussed.

In February, yep, got switched again. This lady was a bit@, cold hearted beyond belief. She said "I don't care what arrangement you had with Michelle, she isn't here and now you have me. I want the payment made by (not sure of date) and if not I will order the repossesion." I told her I didn't get paid until the day before the due date, she didn't care. I had to borrow $336 (1 full car payment) from my boss to pay it.

So in March never heard from anyone, figured they were keeping track of things, probably saw I made that payment to that mean lady on time even though it wasn't in my original plan. So on March 16th I think I paid my payment in usual.

April came, still no calls, I was so happy, we were finally getting out of this mess. Had the budget all figured out, payday was on April 18th, so I would pay it then, a day early that the actual date, man, things were really looking up!

Man was I ever SOOOO wrong. At 11:30 on the night of April 17th I notice a big truck backing into our drive way. They were there to repo my car.

I went out and asked what the deal was. The cop or lawyer, whoever with with the repo guy said he had and order to reposs my car. I told him "that is impossible as of tomorrow they were deferring the 2 payments I was behind, I had a 9 month payment plan with Michelle and it ends tomorrow"

The guy was shocked to hear that that he got out his paper work and he said, "I have it to be repossed because... You. Are... Let see. They don't have how many months. Wait a minute, you are only $545 behind?" I said, "well if that is what they have, my payments are $336 a month and I took 2 car payments to buy the trailer as we were homeless and was set up on a payment arrangement."

Needless to say they took my car!

So I get up and get to Bank One on Dixie and Greenwood, in Louisville, KY at 9 am. I go in and speak with the loan officer. She said there was nothing she could do. I said " you better get the person on the phone that is the cause of this!" So she did. The person in charge of repos HAD THE NERVE TO SAY TO ME..."we repossessed your car because you were 2 months behind." I told him I payment arrangements for 9 FREAKING months and that they were to end today with a deferral of the 2 payments. He told me he had no record of any payment plan, the repossession was ordered in March. I was like how in the heck could it of been in March, I made my payment. I told him I had been paying per direction of Michelle, he tells me nothing is documented.

I hung up with him and then I called Michelle. I asked Michelle if she could help me. Her response..."I can't help you anymore, I tried to help you but you failed to fullfil the payment arrangement you had." I was like WHAT??? I told her I was going to be paying the last payment that day to get the deferral. She told me SHE had the repossession ordered in March because I didn't pay my March 19th payment. Boy did I hit the roof. I said "what the hell you mean I didn't pay it??? I have done everything you said, and every other person that calls and harrasses me. I had to borrow money from my employer to pay my payment early because so and so didn't want to hear that you and I have had this arrangement since summer."
She then INTERRUPTS me and said "the last payment you paid was in February, you never paid your March payment." I told her she better look again because I paid it at the branch I was standing in, as she was talking hateful to me on the phone she was going through records and I hear this OHHHH my god. I said what. She then informs me, my March 19th payment did not post until 3 weeks later!

I was furious. I told her she better get my car back and now. She said she couldn't. She did admit to making the mistake, she did try and call the jerk I was speaking to, don't know what she told him, but she told me she told him if they gave the car back to me I would pay the 2 late payments in full. He told her "I will not return the car to her, she is too much of a risk". Boy I hit the roof again.

I got off the phone with her and I called this jerk back. I said to him, what the heck do you mean I am a risk. He said my account had been late before this. I told him I had a very good reason as to why and would he like me to add him to the list of people I am in court with. He said, "I am not giving the car back unless you pay $6000" I said, "so this is all a scam huh, you give loans, you wait until it is down to 18 payment before it is paid off, you find whatever means you can to repo it so you can turn around and sell it and make me pay the difference!" His reply was "you get the $6000 you get the car back". I hung up on him

Needless to say, I didn't get $6000. They sold my car at auction for $2300, this was a $14,000 car, sold for $2300, they billed me for $3700 or something close to that. And you know that pissed me off.

I called them that day and told him he is STUPID if he thinks I am going to pay for a car I don't have when I have 2 very young children and no car. He said "if you don't pay it it will just go on your credit report and repossessions look bad". I told him go right ahead.

They did put it on the credit report, I went above his head, I do not remember who I wrote a letter to, but I told them in full detail I refused to pay for a wrongfully repossed car.

I never recieved another phone call or letter, and then after about a year I had it removed from my credit report.

I even turned down a car loan because that was the only loan company I could get, yeah right, wasn't playing that game again!

Samantha
Depauw, Indiana
U.S.A.


Offender: Bank One

Country: USA   State: Kentucky   City: Louisville

Category: Business & Finance

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